1974 (11) TMI 97 - SC - Indian Laws

Court quashes detention order under the Internal Security Act due to lack of genuine satisfaction

SK. NIZAMUDDIN Versus STATE OF WB.

The Court quashed the order of detention under the Maintenance of Internal Security Act, 1971, finding that the District Magistrate did not genuinely ... - Issues involved: Challenge to detention under Maintenance of Internal Security Act, 1971 based on subjective satisfaction of District Magistrate.Summary:The petitioner challenged his detention under an order dated 10th September, 1973 u/s 3(2)(i) of the Maintenance of Internal Security Act, 1971. The order was based on the subjective satisfaction of the District Magistrate regarding the necessity to prevent the petitioner from acting prejudicially. The petitioner contended that the delay of about two and a half months in his detention raised doubts on the genuineness of the District Magistrate's satisfaction. The Court noted that the petitioner was discharged in a criminal case related to the incident cited for detention, but the exact date of discharge was not provided. The absence of this crucial information led to the presumption that the petitioner was discharged around the time of the detention order, indicating a lack of genuine necessity for detention. The Court emphasized the importance of disclosing pending criminal cases before making orders of preventive detention. As no satisfactory explanation for the delay in the petitioner's arrest was provided, the Court concluded that the District Magistrate did not genuinely satisfy the conditions for detention. Consequently, the order of detention was quashed, and the petitioner was directed to be released immediately.