MITHALAL MAGANLAL JAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this case, the impugned order of detention is dated 19/12/1974 whereas the grounds of detention are dated 21/12/1974. Thus, the grounds of detention were not contemporaneously formulated, prepared and signed by the detaining authority on 19/12/1974, when the order of detention was issued. Hence, in view of the decision of the Supreme Court in Krishna Murari v. Union of India1 and the decision of this Court in iayantilal v. State2 the impugned order of detention dated 19/12/1974 is ab-initio void and illegal.

(2.) The impugned order of detention is also ab-initio void and illegal as the copies of the documents and material on the basis of which the grounds of detention were formulated, prepared and signed by the detaining authority on 21/12/1974 were not furnished to the petitioner along with the grounds of detention. This is so, in view of the judgments of the Supreme Court in S. Gurdip Singh v. Union of India3, Kamla Khushalani v. State of Maharashtra4, Union of India v. Haji Mastan Mirza.5

(3.) Hence the impugned order of detention dated 19/12/1974 is quashed and set aside. Rule made absolute. Detention order quashed.