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PETITIONER: CHOUDHURY DHARAM SINGH RATHI
Vs.
RESPONDENT: THE STATE OF PUNJAB AND OTHERS
DATE OF JUDGMENT: 25/11/1957
BENCH: DAS, SUDHI RANJAN (CJ) BENCH: DAS, SUDHI RANJAN (CJ) AIYYAR, T.L. VENKATARAMA DAS, S.K. GAJENDRAGADKAR, P.B. SARKAR, A.K.
CITATION: 1958 AIR 152 1958 SCR 998
ACT: Preventive Detention--Failure of the Advisory Board to submit its report within time--Effect-Detenu, if must be set at liberty--Preventive Detention Act (No. IV of 1950), ss. 10, 11.
HEADNOTE: Submission of its report by the Advisory Board under s. 10 of the Preventive Detention Act within the time prescribed by that section is of the utmost importance to the detenu and if the Board fails to do so any further detention beyond that period becomes unlawful. Consequently, where the case of the detenu was that the Advisory Board had not submitted its report within ten weeks of his detention and his detention thereafter had, therefore, become illegal and no attempt was made on behalf of the Government to controvert that case in the counter- affidavits filed on its behalf, the detenu must be set at liberty.
JUDGMENT: ORIGINAL JURRISDICTION: Petition No. 135 of 1957. (Under Article 32 of the Constitution for a writ in the nature of habeas corp...