NARANJAN SINGH NATHAWAN versus THE STATE OF PUNJAB

Citation: [1952] 1 S.C.R. 395 · Decided: 25-01-1952 · Supreme Court of India · Bench: M. PATANJALI SASTRI · Disposal: Remitted to Lower Court
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Judgment (excerpt)

.. 
S.C.R. 
SUPREME COURT REPORTS 
395 
1951 
P. D. Sham· 
dasani 
v. 
(I) of the Government of India 
Act, 1935, was never 
interpreted as 
prohibiting deprivation of property by 
private individuals. 
Its 
restoration, 
therefore, 
in 
the 
same form in article 31, after omission in the original 
draft article 19, could lead 
to no inference in support 
of the petitioner's contention, which 
indeed proceeds 
on the fundamental misconception that article 19(1) (£) 
and article 31(1), 
which are great constitutional safe. 
guards Vagainst 
State aggression 
on private property, 
are directed 
against infringements 
by 
private indivi-
duals for which remedies should be sought in 
the 
ordinary law. 
Central Bank of 
India Ltd. 
· In this view 1t 1s unnecessary 
to deal with certain 
other objections to the maintainability of 
the petition 
raised by the Solicitor-General on . behalf of the 
Bank. 
The petition is dismissed. We make no order as to costs. 
Petition dismissed. 
Agent for the respondent : Rajinder Narain, 
NARANJAN SINGH NATHAWAN 
v. 
THE ST ATE OF PUNJAB 
(and 13 other petitions). 
lPATANJALI 
SAsTRr C. J., MEHR CHAND MAHAJAN, 
MuKHERJEA, DAs and CHANDRASEKHARA ArYAR JJ.] 
Preventive Detention-Ordt;r of detention challenged as illegal-
Fresh order superseding previous 
order-Validity-Question of bad 
faith-Habeas corpus proceeding-Legality of detention 
must be 
determined as at date of return. 
In the absence of bad faith the detaining authority can super-_ 
sedc an earlier order of detention which has been 
challenged as 
defective 
on 
merely formal 
grounds 
and make a fresh 
order 
wherever possible which 
is free from 
defects and duly complies 
with the . requirements of the law in that behalf. The question 
of bad faith, if raised, must be decided with reference to the 
circumstances of each case. 
In habeas corpus proceedings the Court is 
to have regard to 
the legality or otherwise of the detention at the time of the 
return and not with reference to the date of the institution of 
the proceedings. 
Patanjali 
Sastri C. /. 
1952 
Jan. 25. 
1952 
Naranian Singh 
Nathawan 
v. 
The State of 
Puniab. 
Pataniali 
Sastri C. /. 
3% 
SUPREME COURT REPORTS 
[1952] 
Basanta Chandra Glzose v. King Emperor ( [ 1945] F.C.R. 81) 
followed. Naranjan Singh v. The State of Punjab (unreporte<l) ex-
plained. Maklzan 
Singh Tarsikka v. 
The State of Punjab 
([1952] 
S.C.R. 368) referred to. 
CRIMINAL 
JURISDICTION: 
Petitions (Nos. 513, 566, 
568, 570, 591, 595, 596, 601, 616, 617, 623, 625, 631 
and 632 of 1951) under article 32 of the Constitution. 
for writs in the nature of habeas corpus. The facts are 
stated in the judgment. 
Raghbir Singh (amicus cu11ae) for the petitioners in 
Petitions Nos. 513, 566, 568, 570, 595, 596, 609, 616, 617, 
623, 625 and 631. 
A. S .. R. Chari (amicus curiae) for the petitioner in 
Petition No. 591. 
Shiv Charan Singh (amicus curiae) for the petitioner 
in Petition No. 632. 
S. M. Sikri, Advocate-General of the Punjab 
(lindra 
Lal, with him) for the State of Punjab. 
1952. January 25. · The Judgment of the Court was 
delivered by 
PATANJALI SASTRI c. J.-This is 
a petition under 
article 32 of the Constitution submitted through the 
' 
4 
• 
Superintendent, Central 
Jail, Ambala, for the issue of 
-4 
a writ of habeas corpus for the release of the petitioner 
from custody. 
On 5th July, 1950, the petitioner was arrested and 
detained under an order of the District Magistrate of 
Amritsar in exercise of the powers conferred on him 
under section 3 of the Preventive Detention Act, 1950. 
and the 
grounds of 
his detention 
were 
served o,; 
him as required by section 7 of the Act on 10th July, 
1950. 
The Act having been amended by the Preven-
..:~. 
tive Detention 
(Amendment) 
Act, 1951, 
with effect 
from 22nd February, 1951, 
a fresh 
order No. 7853-
ADSB, dated 17th 
May, 1951, was issued in the fol-
lowing terms :-
• "Whereas the Governor of Puniab is satisfied with 
. respect to 
the 
person 
known as 
Naranjan Singh 
Nathawan, s/o Lehna Singh of village Chak Sikandar, 
.. . 
. )' 
•, 
-
.). 
S.C.R . 
SUPREME COURT REPORTS 
3t:J7 
P. S. Ramdas, Amritsar District, that with a view to 
preventing him from acting in a manner prejudicial to 
the security of the 
State, it is necessary to make the 
following order : 
Now, therefore, in exercise of 
the powers conferred 
by sub-section (1) of 
section 3 and section 4 of the 
Preventive Detention Act, 
1950, as amended by the
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