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may 1952

Supreme Court of India · 1952-05-26

SHAMARAO V. PARULEKAR vs THE DISTRICT MAGISTRATE, THANA, BOMBAY AND TWO OTHERSPetit

Citation / case number
SC 1952/104
Court
Supreme Court of India
Petitioner
SHAMARAO
Respondent
PARULEKAR vs THE DISTRICT MAGISTRATE, THANA, BOMBAY AND TWO OTHERSPetit
Bench
SASTRI, M. PATANJALI (CJ),MAHAJAN, MEHR CHAND,MUKHERJEA, B.K.,DAS, SUDHI RANJAN,BOSE, VIVIAN

Judgment text excerpt

The Supreme Court ruled that the Preventive Detention (Amendment) Act of 1952 validly extended the detention period under the Preventive Detention Act of 1950 until 1st October 1952. It held that Section 3 of the Amendment Act did not violate Article 14 of the Constitution, as it allowed for rational classification of detention cases. The Court clarified that Parliament's power to set maximum detention periods can be exercised repeatedly, and that the terms of the Act do not contravene Articles 22(4) and 22(7). The detention of the petitioner was thus deemed lawful until the specified date.

SHAMARAO V. PARULEKAR vs THE DISTRICT MAGISTRATE, THANA, BOMBAY AND TWO OTHERSPetit · Niyam