HARADHAN SAHA MADAN LAL AGARWALA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The constitutional validity of the Maintenance of Internal Security Act, 1971, Being Act No. 26 of 1971 is challenged in these petitions.

(2.) First, it is said that the law of preventive detention is unreasonable, and therefore, it violates Articles 19. Second, it is said that the Act violates articles 21 because the guarantee of a right to be heard is infringed. Third it is said that the Act does not lay down the just procedure for giving effect to Article 22 (5). Fourth, it is said that the Act violates Article 14 because it permits discrimination.

(3.) The Act confers powers of the Central Government on the State Government to make orders directing detention of persons. Section 3 of the Act provides that when the Central Government or the State Government is satisfied with respect to any person that with a view to preventing him from acting in manner prejudicial to (i) the defence of India, the relations of India with powers, or the security of India, or (ii) the security of the State or the maintenance of public order, or (iii) the maintenance of supplies and services essential to the community. District Magistrates, Additional District Magistrates or Commissioners of Police can pass orders of detention.