1974 INSC 0187
                                                     Fendan Naha

                                                           Vs

                                                State of West Bengal

                                          Writ Petition No. 2053 of 1972

          (CJI A. N. Ray, R. S. Sarkaria, K. K. Mathew, A. Alagiriswami, P. K. Goswami JJ)

                                                      03.05.1974

                                                     JUDGMENT

RAY, C.J. -

1. The petitioner in a writ petition under Article 32 of the Constitution challenges the order of
detention dated March 15, 1973.

2. The order is : "in exercise of the powers conferred by sub-section (1) read with sub-section (2) of
Section 3 of the Maintenance of Internal Security Act 'hereinafter referred to as the Act' directing
the petitioner to be detained".

3. The petitioner challenges the order on the ground that it is the duty of the authority to fix the
period of detention after carefully examining the circumstances requiring detention. The petitioner
submits that the authorities have bodily lifted the section fixing the maximum period of detention
without applying their mind as to the period of detention.

4. This Court in Fagu Shaw, etc. v. The State of West Bengal held that the maximum period
mentioned in Section 13 of the Act as amended by Section 6(d) of the Defence of India Act, 1971 is
a constitutionally valid provision.

5. That Section states that the maximum period for which any person can be detained in pursuance
of any detention which has been confirmed under Section 12 shall be 12 months from the date of
detention or until the expiry of the Defence of India Act whichever is later.

6. This Court construed Section 13 of the Act to be valid with reference to Article 22(7)(b) of the
Constitution. The maximum period under Article 22(7)(b) can be fixed with reference to the
duration of an emergency. The expiry of the Defence of India Act is dependent upon the revocation
of emergency. The duration of maximum period of detention with reference to an event like the
cessation of the period of emergency is not indefinite.

7. The order of detention in the present case does not suffer from any constitutional infirmity. The
authorities have applied their mind. The authorities have detained for the maximum period
mentioned in the statute.

8. The petition is dismissed.
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