LAWS(GJH)-1974-12-6

RASULBHAI MURADBHAI SINDHA Vs. SHYAMAL GHOSH DISTRICT MAGISTRATE SURAT

Decided On December 05, 1974
RASULBHAI MURADBHAI SINDHA Appellant
V/S
SHYAMAL GHOSH,DISTRICT MAGISTRATE,SURAT Respondents

JUDGEMENT

(1.) * * * *

(2.) Before we come to discuss the merits of the case we will take up three preliminary contentions which have been urged before us on behalf of the Union of India and the State of Gujarat by the respective counsel. These three preliminary contentions are as follows

(3.) Regarding Ground (1) it was contended that once the case of a particular detenu has been considered by the Advisory Board constituted in accordance with the provisions of M I.S.A. and under sec. 12(1) the State Government has passed an order of confirmation of the order of detention and has directed that the detention should be continued the original order of detention ceases to exist and it is replaced by an order passed under sec. 12(1) In order to appreciate the contentions urged on behalf of one or the other of the respondents in this connection it is necessary to refer shortly to the scheme of the M.I.S.A.