Niyam v2 is live — start for just ₹100 — 200 credits to try

december 1953

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.

SHIBBAN LAL SAKSENA vs THE STATE OF UTTAR PRADESHAND OTHERS. · Niyam