. Meena has 1 job listed on their profile. Bench: A Agarwal, V Sahai. . In this view of the matter, Mr Goswami contends that the period of detention having already expired, question of declaring his continued detention illegal does not arise and further the order of detention that was issued by the detaining authority on 5-2-1992 cannot be invalidated. This is not a case where the detaining authority has not applied his mind to the relevant material, but a case where the detaining authority considered all the relevant material and decided and directed to get the order executed. 8 shall have effect subject to the following modifications, namely, (i) in Cl. In the case of A.K Roy v. Union of India where the Court was examining the constitutional validity of issuance of an ordinance providing for detention and the constitutional validity of the National Security Act, it did rely upon the earlier decision in Khudiram Das v. State of W.B 1975 2 SCC 81 and held that it is not open to anyone to contend that a law of preventive detention, which falls within Article 22, does not have to meet the requirement of Article 14 or Article 19, and in the same analogy it must be held that Article 21 also would apply in case of a law of preventive detention. Here suits, salwar, lehenga, designer blouse, designer dress are stitched for women of all ages. Meena Jayendra Thakur v. The Union Of India And Others on CaseMine. Obviously, the Constitution looks upon preventive detention with disfavour and has permitted it only for a limited period of three months without the intervention of an independent body with persons on it of judicial qualifications of a high order. Interact directly with CaseMine users looking for advocates in your area of specialization. Two years later, in the Maharashtra State Assembly elections in 1990, he was elected MLA for Vasai-Virar from the Indian National Congress at the age of 29. Join Facebook to connect with Jayendra Thakor and others you may know. . . Mr Goswami also further contended that even assuming there has been some infraction of the procedural requirements on account of which there has been an infringement of the constitutional right of the detenu in making a representation then the continued detention becomes invalid and not the order of detention itself. On this question, we are unable to agree with the submission of Mr Kotwal, inasmuch as Article 22(4) itself provides for a law for preventive detention authorising detention up to a period of three months. . View phone numbers, addresses, public records, background check reports and possible arrest records for Meena Thakur. jayendra thakur Looking for job as a data engineer or data scientist ‍‍‍ Indore, Madhya Pradesh, India 500+ connections. The only other contention that survives for consideration is whether the statements of the occupants of the vessel recorded under Section 108 of the Customs Act having formed the sole basis for the subjective satisfaction of the detaining authority for the order of detention and those very persons having retracted, non-consideration of the retraction vitiates the order of detention itself. Our aforesaid conclusion is supported by the decision of this Court in Shibapada Mukherjee v. State Of West Bengal wherein the Court observed that there being no valid confirmation and continuation, the result is that the petitioner's detention after the expiry of the period of three months becomes illegal since it was not in compliance with section 12(1). (a) the Central Government and each State Government shall, whenever necessary, constitute one or more Advisory Boards each of which shall consist of a Chairman and two other persons possessing the qualifications specified in sub-clause (a) of clause (4) of Article 22 of the Constitution; (b) save as otherwise provided in Section 9, the appropriate Government shall, within five weeks from the date of detention of a person under a detention order make a reference in respect thereof to the Advisory Board constituted under clause (a) to enable the Advisory Board to make report under sub-clause (a) of clause (4) of Article 22 of the Constitution; (c) the Advisory Board to which a reference is made under clause (b) shall after considering the reference and the materials placed before it and after calling for such further information as it may deem necessary from the appropriate Government or from any person called for the purpose through the appropriate Government or from the person concerned, and if, in any particular case, it considers it essential so to do or if the person concerned desires to be heard in person, after hearing him in person, prepare its report specifying in a separate paragraph thereof its opinion as to whether or not there is sufficient cause for the detention of the person concerned and submit the same within eleven weeks from the date of detention of the person concerned; (d) when there is a difference of opinion among the members forming the Advisory Board, the opinion of the majority of such members shall be deemed to be the opinion of the Board; (e) a person against whom an order of detention has been made under this Act shall not be entitled to appear by any legal practitioner in any matter connected with the reference to the Advisory Board, and the proceedings of the Advisory Board and its report, excepting that part of the report in which the opinion of the Advisory Board is specified, shall be confidential; (f) in every case where the Advisory Board has reported that there is in its opinion sufficient cause for the detention of a person, the appropriate Government may confirm the detention order and continue the detention of the person concerned for such period as it thinks fit and in every case where the Advisory Board has reported that there is in its opinion no sufficient cause for the detention of the person concerned, the appropriate Government shall revoke the detention order and cause the person to be released forthwith. 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