power to detain could be exercised on the
subjective satisfaction of the detaining authority under the
section, then it imposed. unreasonable restrictions on the
fundamental ... subjected to
judicial scrutiny. The basic postulate on which the courts
have proceeded is that the subjective satisfaction being a
condition precedent for the exercise
said that the
Detaining Authority could not have reached
'subjective satisfaction' on that basis and as
such the order could not be challenged ... Authority is 'subjective' in
nature and the Court cannot substitute its
'objective' opinion for the subjective
satisfaction of Detaining Authority
objective standards to ascertained facts but is founded on the subjective satisfaction of the statutory authority, the duty to act -judicially would be clearly excluded ... assessed by objective standards and they must necessarily be matters of subjective satisfaction of the statutory authority. The basic test, therefore, for distinguishing between
less than all the
material grounds which operate to create that subjective
satisfaction in the authority which spells suspension of the
citizen's liberty ... validity of the proclamation turns on the
subjective satisfaction of the President that a grave
emergency, of the kind mentioned in Part XVIII
detention order and the actual arrest--Whether affects
the subjective satisfaction of the detaining
authority--Legality of such detention order--Challenged.
HEADNOTE:
This appeal ... prejudicial
activities mentioned in the grounds of detention reached
subjective satisfaction and passed the impugned order of
detention on 7.10.87. The detenu was arrested
influenced the mind of the detaining authority in arriving
at its subjective satisfaction about the necessity to detain
the detenu) must be communicated ... relied upon by the detaining authority in arriving at its
subjective satisfaction. [559 E-G, 560 E-D]
JUDGMENT:
ORIGINAL JURISDICTION : Writ Petition
that
even if one of the grounds which led to the subjective
satisfaction of the detaining authority is non-existent,
etc., the order of detention ... material on which the detain-
ing authority could have based his subjective satisfaction.
[70E-H]
Barindra Kumar Ghose v. Emperor
submits that the
material documents which have bearing effect on the subjective satisfaction
of the detaining authority were neither placed nor considered before
passing ... Mail'.
The next submission is, the subjective satisfaction recorded by the
detaining authority, that there was likelihood of detenu being released on
bail
vitiate on the ground of non-application of mind if subjective
satisfaction was arrived at on the basis of other independent objective
factors enumerated ... object of
detention, and proximity with the time when the subjective satisfaction
forming the basis of the detention order was arrived at, it would
objective and subjective elements,
and the subjective elements if derived from objective elements
cannot be questioned on grounds of adequacy of subjective
satisfaction ... aware that the
satisfaction of the District Magistrate is subjective in
nature, but even subjective satisfaction must be based
upon some pertinent material
