FAGU SHAW Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In these writ petitions filed under Article 32 of the Constitution, the petitioners question the legality of their detention and pray for issue of writs in the nature of habeas corpus. These petitions raise a common constitutional question, namely, whether Parliament is bound to prescribe the maximum period of detention under Article 22 (7) (b) of the Constitution in order that the Proviso to Art. 22 (4) (a) might operate and, whether by Section 13 of the Maintenance of Internal Security Act. 1971 (Act 26 of 1971), hereinafter referred to as the Act, after it was amended by S. 6 (d) of the Defence of India Act 1971, the Parliament has prescribed the "maximum period."

(2.) The orders passed by the Government of West Bengal under Section 12 (1) of the Act in these cases provide that the Governor is pleased to confirm the orders of detention and to continue the detention of the detenus till the expiration of 12 months from the dates of their detention or until the expiry of the Defence of India Act. 1971, whichever is later.

(3.) The material part of S. 13 of the Act as it originally stood ran as follows: