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PURANLAL LAKHANPAL v. UNION OF INDIA

Supreme Court of India | Diary 60160/1957

Status

Judgment

Decided On

1957-05-24

Bench

BHAGWATI NATWARLAL H.,IMAM SYED JAFFER,DAS S.K.,KAPUR J.L.,SARKAR A.K.

Petitioner

PURANLAL LAKHANPAL

Respondent

UNION OF INDIA

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Full Judgment Text

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 25

PETITIONER: PURANLAL LAKHANPAL

Vs.

RESPONDENT: UNION OF INDIA

DATE OF JUDGMENT: 24/05/1957

BENCH:

ACT: Preventive Detention-Order continuing such detention beyond three months-Validity-Opinion of Advisory Board, if a pre- requisite -’Such detention’, meaning of-Constitution of India, Art. 22(4)(a) -Preventive Detention Act, 1950 (Act IV of 1950) as amended by the amending Act of 195I (No. IV of 1951), s. II(I).

HEADNOTE: The appellant was arrested under s. 3 Of the Preventive Detention Act, 1950 (lV Of 1950) as amended by the amending Act Of 1951. The grounds of his detention were communicated to him as required by s. 7 Of the Act and his case was thereafter put up before the Advisory Board constituted under s. 8 of the Act. The Board reported that there was sufficient reason for his detention and thereupon the Cen- tral Government acting under s.11 (1) of the Act confirmed the order of detention and directed that such detention should continue for a period of twelve months from the date of detention. The appellant challenged the validity of this order by an application to the Punjab High Court under Art. 226 of the Constitution for a writ of habeas corpus and contended that sub-s. (1) of s. 11 of the Act was const...

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