Supreme Court of India · 1952-11-24
BOPPANNA VENKATESWARALOO AND OTHERS vs SUPERINTENDENT, CENTRAL JAIL,HYDERABAD STATE.UNION OF INDI
- Citation / case number
- SC 1952/96
- Court
- Supreme Court of India
- Petitioner
- BOPPANNA VENKATESWARALOO AND OTHERS
- Respondent
- SUPERINTENDENT, CENTRAL JAIL,HYDERABAD STATE.UNION OF INDI
- Bench
- MAHAJAN, MEHR CHAND
Judgment text excerpt
The Supreme Court ruled that the extension of detention under the Preventive Detention (Second Amendment) Act, 1952, was invalid as it was made before the Act came into force on 30th September 1952. The Court clarified that the term 'order' in Section 22 of the General Clauses Act does not allow for substantive orders against individuals prior to the Act's enforcement. Consequently, the detention could not legally extend beyond the specified date of 30th September 1952, rendering the continued detention of the petitioner illegal.