On July 24, 1956, the appellant was served with the grounds on which the order of detention had been passed as required by the Act.
IV of 1950 , as amended, the Central Government hereby orders that the said Shri Puran Lal Lakhanpal, son of Shri Diwan Chand Sharma, be detained.
Hence this appeal.
The petitioner challenges the validity of the orders of detention on the ground that the provision of the Preventive Detention Act, 1950, under which they were made is ultra vires the Constitution.
The petition was dismissed by the High Court.
The appellant was arrested and taken in custody on the same date.
The case of the appellant was then sent to an Advisory Board companystituted under s. 8 of the Act, and the Advisory Board having reported that there was, in its opinion, sufficient cause for detention of the appellant, the Central Government companyfirmed the order of detention on August 20, 1956, and stated further that the appellant shall companytinue in detention for a period of twelve months from the date of his detention.
This companystitutional point was referred to and decided by a Division Bench of the Punjab High Court by an order dated September 24, 1956.
The appellant thereafter made a representation against the order which was companysidered by the Advisory Board, companystituted under the Act.
In the petition to the Punjab High Court under Art.
IV of 1950, hereinafter referred to as the Act.
The appellant challenged the legality of these orders of detention and moved the High Court of Punjab for the issue of an appropriate writ for his release.
He then moved this Court, and obtained special leave to appeal from the aforesaid orders of the Punjab High Court dated September 24, and September 26, 1956, respectively.
226 of the Constitution, the appellant was permitted to urge an additional ground to the effect that sub s. 1 of s. 11 of the Act was unconstitutional inasmuch as it offended against Art.
The order then companycluded Now, therefore, in exercise of the powers vested in the Central Government by clause a i of sub s. 1 of s. 3 of the Preventive Detention Act, 1950 Act No.
On August 22, the appellant was served with another order made by the Government of India wherein it was stated that the Advisory Board had reported that there was in its opinion, sufficient cause for the detention of the appellant.
K. Das, J. This is an appeal by special leave, and the appellant is Puran Lal Lakhanpal.
On July 21, 1956, the Government of India in the Ministry of Home Affairs passed an order of preventive detention against the appellant in which it was stated, inter alia, that with a view to preventing the appellant from acting in a manner prejudicial to the security of India and the relations of India with foreign powers, it was necessary to make an order against the appellant.
On July 21, 1956, the appellant was taken into custody under an order of detention passed against him by the Government of India under the Preventive Detention Act, 1950 Act IV of 1950 .
On July 24, 1956, the grounds of detention were companymunicated to the appellant under s. 7 of the Preventive Detention Act, No.
This order further stated that in view of the report of the Advisory Board the Government of India companyfirmed the detention order earlier made against the appellant and that the appellant should companytinue in detention for a period of 12 months from the date of his detention.
