RAMAN LAL RATHI Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) This Rule was obtained against the Commissioner of Police, Calcutta, the Superintendent of Presidency Jail and the State of West Bengal.

(2.) The applicant before us has been detained under the Preventive Detention Act, 1950, (Act IV of 1950) as amended by Act IV of 1951. The order of detention was made on the 10th July 1951 and served on the applicant on the next day, the 11th July, 1951. The grounds of detention were made out on the 12th July 1951 and communicated to the applicant on the 16th July 1951.

(3.) The order of detention has been challenged on three grounds. It is said first that the grounds communicated to the applicant are not sufficient, exact and precise and they are too vague. The second ground of attack upon the order of detention is that it is illegal because its purpose is to nullify an order of acquittal and two orders of discharge, passed by Courts of law in favour of the applicant in some criminal cases brought against him. Thirdly, the order of detention has been assailed on the ground that it is mala fide.