AIR 1950 HYDERABAD 68

Hyderabad High Court

Hon'ble Judge(s): Mohd. Ahmed Ansari, Shripat Rao , JJ

(A) Preventive Detention Act (4 of 1950) , S.7— Public Safety - Grounds for detention - Failure to communicate to detenu - Effect. Constitution of India , Art.22— The Indian Constitution attaches special importance to the communication to the detenu of ground for his liberty being curtailed, and failure or non-fulfilment of the condition makes the detention illegal.(Para 2) Curtailment of personal liberty being subjected to certain conditions under the Constitution and the Preventive Detention Act, those conditions must be complied with in order to continue the curtailment.(Para 2) @page-Hyd69 (B) Preventive Detention Act (4 of 1950) , S.3— Public Safety - Detention under, for investigation of crime - Legality. Constitution of India , Art.22— If the main ground of detention be investigation of a crime detention of a person under the Preventive Detention Act would be colourable, improper and amount to circumventing important provisions of the Constitution, and as such it cannot be allowed.(Para 3) .....