1973 (4) TMI 123 - SC - Indian Laws

Supreme Court Invalidates Section 17A of Security Act

The Supreme Court declared Section 17A of the Maintenance of Internal Security Act invalid for not complying with Article 22(7)(a). As a result, the ... - Issues Involved:1. Vagueness of the grounds of detention.2. Nexus between the grounds and maintenance of public order.3. Mechanical framing of grounds without the detaining authority applying his mind.4. Mala fide order passed for collateral purposes.5. Violation of Article 14 due to equal treatment of citizens and foreigners under Section 6(6)(d) and (e) of the Defence of India Act.6. Ultra vires Article 22 due to the confirmation order providing three years' detention.7. Validity of Sections 3, 5, 8, 11, 12, and 13 of the Maintenance of Internal Security Act.8. Validity of Section 17A of the Act.Detailed Analysis:Vagueness of the Grounds of Detention:The petitioner challenged the detention order on the ground that the reasons provided were vague. The Supreme Court found that all procedural steps required under the Act were complied with. The Advisory Board confirmed sufficient cause for detention, and the State Government extended the detention for three years. The Court did not find the grounds of detention to be vague.Nexus Between Grounds and Maintenance of Public Order:The petitioner argued that there was no connection between the grounds of detention and the maintenance of public order. The Court held that the grounds provided were relevant to the maintenance of public order, and the Advisory Board had confirmed the sufficiency of these grounds.Mechanical Framing of Grounds:The petitioner contended that the grounds were mechanically framed without the detaining authority applying his mind. The Court found that the detaining authority had applied its mind and the grounds were not mechanically framed.Mala Fide Order:The petitioner argued that the detention order was mala fide and aimed at victimizing active members of the State Coordination Committee. The District Magistrate denied these allegations in his counter-affidavit. The Court did not find sufficient evidence to support the claim of mala fide intentions.Violation of Article 14:The petitioner claimed that Section 6(6)(d) and (e) of the Defence of India Act violated Article 14 by treating citizens and foreigners equally. The Court examined the amendments introduced by the Defence of India Act and found that the amendments were not discriminatory and did not violate Article 14.Ultra Vires Article 22:The petitioner argued that the confirmation order providing for three years' detention was ultra vires Article 22. The Court analyzed the amendments and found that the provisions did not violate Article 22.Validity of Sections 3, 5, 8, 11, 12, and 13:The petitioner challenged the validity of these sections on the grounds of being unreasonable restrictions violating Articles 14, 19, 21, and 22. The Court found that these sections did not impose unreasonable restrictions and were not in violation of the cited Articles.Validity of Section 17A:The petitioner challenged the validity of Section 17A, which allows detention for 21 months without consulting an advisory board. The Court found that Section 17A did not comply with the requirements of Article 22(7) and declared it invalid. The Court held that Clause (7)(a) of Article 22 is an exception to Clause (4)(a) and must prescribe both the circumstances and the classes of cases for longer detention without an advisory board.Conclusion:The Supreme Court declared Section 17A of the Maintenance of Internal Security Act invalid for not complying with Article 22(7)(a). Consequently, the petition succeeded, and the petitioner was ordered to be released forthwith.