Supreme Court of India · 1953-12-03
SHIBBAN LAL SAKSENA vs THE STATE OF UTTAR PRADESHAND OTHERS.
- Citation / case number
- SC 1953/1472
- Court
- Supreme Court of India
- Petitioner
- SHIBBAN LAL SAKSENA
- Respondent
- THE STATE OF UTTAR PRADESHAND OTHERS.
- Bench
- MUKHERJEA, B.K.
Judgment text excerpt
The Supreme Court held that a detention order under the Preventive Detention Act, 1950, cannot be sustained if one of the grounds for detention is found to be non-existent, as per Section 3(1)(a) and Section 11 of the Act. The Court emphasized that substituting an objective judicial test for the subjective satisfaction of the executive authority contradicts the legislative intent. Consequently, the detention order was deemed invalid as it did not align with the statutory requirements outlined in the Act.