Supreme Court of India · 1955-12-20
P. L. LAKHANPAL vs THE STATE OF JAMMU AND KASHMIR.
- Citation / case number
- SC 1955/136
- Court
- Supreme Court of India
- Petitioner
- P. L. LAKHANPAL
- Respondent
- THE STATE OF JAMMU AND KASHMIR.
- Bench
- DAS, SUDHI RANJAN,BHAGWATI, NATWARLAL H.,JAGANNADHADAS, B.,SINHA, BHUVNESHWAR P.,IMAM, SYED JAFFER
Judgment text excerpt
The Supreme Court addressed the validity of the detention order under Section 3(1)(a)(i) of the Jammu and Kashmir Preventive Detention Act, 2011, asserting that it did not violate the fundamental rights under Articles 21 and 22 of the Constitution. The Court held that the non-supply of grounds for detention was permissible under Section 8(1) Proviso of the Act, which was deemed constitutional due to the provisions of the Constitution (Application to Jammu and Kashmir) Order, 1954. The addition of clause (c) to Article 35 of the Constitution was found to validate such provisions until the expiration of five years from the commencement of the Order.