Fendan Naha VsState of West Bengal
 INSC 119 (3 May 1974)
RAY, A.N(CJ) RAY, A.N(CJ) MATHEW, KUTTYIL
KURIEN ALAGIRISWAMI, A.
SARKARIA, RANJIT SINGH
CITATION: 1975 AIR 1005 1975 SCC (3) 30
The Maintenance of Internal Security Act,
1971--Ss3(1), 13--Constitution of India, Art22 (7) (b)--Detention for maximum
period--Validity of detention--Application of mind as to the period of
The petitioner challenged the order of
detention on the ground that the authorities fixed the maximum period of
detention without applying their mind as to, the period of detention.
HELD : (i) The order of detention does not
suffer from any constitutional infirmity The authorities have applied their
mind while detaining for the maximum period mentioned in the statute This Court
has held in ragu Shaw v State of West Bengal that the maximum period mentioned
in section 13 of the Act as amended by section 6(d) of the Defence of India
Act, 1971, is a constitutionally valid provision.
[484B; 483G] Fagu Shaw v The State of West
Bengal, A.I.R1974 S.C613 followed..
ORIGINAL JURISDICTION : Writ Petition No2053
Petition under Article 32 of the Constitution
of India, Shiv Pujan Singh, for the petitioner.
The Judgment of the Court was delivered by
RAY, C.J The petitioner in a writ petition under Article 32 of' the
Constitution challenges the order of detention dated 15 March, 1973.
The order is : 'in exercise of the powers
conferred by sub- section (1) read with sub-section (2) of section 3 of the
Maintenance of Internal Security Act "hereinafter referred to as the
Act" directing the petitioner to be detained".
The petitioner challenges the order on the
ground that it is the duty of the authority to fix the period of detention
after carefully examining the circumstances requiring detention The petitioner
submits that the authorities haye bodily lifted the section fixing the maximum
period without applying their mind as to the period of detention.
This Court in Fagu Shawetcv The State of West
Bengal A.I.R1974 S.C613 held that the maximum period mentioned' in section 13
of the Act as amended by section 6(d) of the Defence of India Act, 1971- is a
constitutionally valid provision.
That section states that the maximum period
for which any person can be detained in pursuance- of any detention which has
been confirmed under section 12 shall be 12 months from the date of detention
or until the expiry of the Defence of India Act whichever later.
484 This Court construed section 13 of the
Act to be valid with ,reference to Article, 22(7)(b) of the Constitution The
maximum period under Article 22(7)(b) can be fixed with reference to the
duration of an emergency. The expiry of the Defence of India Act is dependent
upon the revocation of emergency The duration of maximum period of detention
with reference to an event like the cessation of the period of emergency is not
The order of detention in the present case
does not suffer from any constitutional infirmity. The authorities have applied
their mind The authorities have detained for the maximum period mentioned in
The petition is dismissed.
K.B.N Petition dismissed.