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.