Supreme Court of India · 1956-11-13
MOHAMMAD AFZAL KHAN vs STATE OF JAMMU & KASHMIR.
- Citation / case number
- SC 1956/126
- Court
- Supreme Court of India
- Petitioner
- MOHAMMAD AFZAL KHAN
- Respondent
- STATE OF JAMMU & KASHMIR.
- Bench
- DAS, SUDHI RANJAN (CJ),BHAGWATI, NATWARLAL H.,AIYYAR, T.L. VENKATARAMA,SINHA, BHUVNESHWAR P.,DAS, S.K.
Judgment text excerpt
The Supreme Court held that Section 14 of the Jammu and Kashmir Preventive Detention Act does not mandate a formal order to be communicated to the detenue within three months of detention. The Court applied the precedent set in Ackhar Singh v. The State of the Punjab, affirming that the Government's satisfaction regarding the detenue's activities justifies continued detention without formal communication. Consequently, the petition for habeas corpus was dismissed, upholding the legality of the detention.