Justice H.J kania,Chief Justice B.K.Mukherjea,Justice M.C.Mahajan,Justice M.Patanjali Satsri,Justice Sudhi Ranjhan Das,Justice Saiyid Fazl Alli.
A.K.Gopalan was a politician who was detained in prison since 1947 and was detained under Prevention Detention Act,1950.Petitioner Challenged his detention through writ of habeas corpus under Article 32 of the Indian constitution.Petitioner contented that various sections of the said act violated Article 13,19 and 21 of the indian constitution . It was the first case which involved various articles and deals with the constitutionality of status in this case,the first provision was declared ultra virus of the constitution.In this case various issues were discussed at length apex court.In this case is popularly known as Prevention detention Case.
1. A.K.Gopalan had challenged the legality of detention order that passed by parliament of india. On the ground that Prevention detention act IV of 1950 had contravened the provision of Article 13,19 and 21 of indian constitution and the provision of that act were also not in accordance with Article 22 of the constitution of India.
2.The Petitioner was moved to the supremacy court of India not for the sake of moving to the court only but also for the enforcement of some right that are conferred by Part III of the constitution.
3.However,the court couldn’t judge that petitioner was entitled under Art 22(5) of the constitution of india. Detenu must complain that court his substantive rights under Article 22(5) as well as his rights to constitution remedies under article 32 had been infringe.
4. The Ground of communication with the detenu were not in conformity with Part III of the constitution of India which made void under Article (2).
5.Therefore,the impugned act was a valid law except as to Section 14 of the said act and in so far as it prevents ground for being disclosed to court , the petition was dismissed by the apex court.
Whether Section 7,8,10,11,12,13 and 14 are ultra virus and violative of Article 13,19 and 21 of the constitution of India Article 19 and 20 are interrelated to each other in protection of life and liberty ?
Whether the detention of the Petitioner under the Preventive Detention Act,1950 is illegal and Art 22 is the complete code in itself while dealing with the preventive detention case ?
Court appeared the doctrine of sever ability and declared Section 14 void as the court find its unconstitutional and violative of fundamental rights whereas sec 7,8,10,11,12 and 13 were declared to be intra virus the constitution here valid.Court asserted the principle of procedure establish by law and declared the application of due process base and international human right character in application in indian premises.Court also found that the detention was legal and hence writ was despised of accordingly apex court dismissed the contention that Article 19 and 21 are interrelated for protection of liberties of individuals. However this Judgement was reserved in Case of Maneka Gandhi v/s union of India (passport detention case ) but still this Judgement works as landmark decision in preventive detention case.
Written By Manvi Singh…