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november 1952

Supreme Court of India · 1952-11-10

THE STATE OF PUNJAB vs AJAIB SINGH AND ANOTHER

Citation / case number
SC 1952/97
Court
Supreme Court of India
Petitioner
THE STATE OF PUNJAB
Respondent
AJAIB SINGH AND ANOTHER
Bench
SASTRI, M. PATANJALI (CJ),MUKHERJEA, B.K.,DAS, SUDHI RANJAN,BOSE, VIVIAN,BHAGWATI, NATWARLAL H.

Judgment text excerpt

The Supreme Court upheld the constitutional validity of the Abducted Persons (Recovery and Restoration) Act, 1949, stating it does not infringe Articles 14, 19(1)(d), (e), (g), 21, or 22 of the Constitution. The Court clarified that the physical restraint of an abducted person under Section 4 of the Act does not constitute 'arrest and detention' as defined in Article 22, as there is no allegation of criminal activity against the person. The judgment emphasized that the Act's classification of Muslim abducted persons is permissible and does not violate the equality clause under Article 14.

THE STATE OF PUNJAB vs AJAIB SINGH AND ANOTHER · Niyam