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november 1952

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.

BOPPANNA VENKATESWARALOO AND OTHERS vs SUPERINTENDENT, CENTRAL JAIL,HYDERABAD STATE.UNION OF INDI · Niyam