Supreme Court of India · 1957-05-24
PURANLAL LAKHANPAL vs UNION OF INDIA
- Citation / case number
- SC 1957/60160
- Court
- Supreme Court of India
- Petitioner
- PURANLAL LAKHANPAL
- Respondent
- UNION OF INDIA
- Author
- BHAGWATI, NATWARLAL H.,IMAM, SYED JAFFER,DAS, S.K.,KAPURL.,SARKAR, A.K.
- Bench
- BHAGWATI, NATWARLAL H.,IMAM, SYED JAFFER,DAS, S.K.,KAPUR, J.L.,SARKAR, A.K.
Judgment text excerpt
The Supreme Court held that the expression 'such detention' in Article 22(4)(a) of the Constitution refers to preventive detention and not to the duration of such detention. It ruled that Section 11(1) of the Preventive Detention Act, 1950, which allows detention beyond three months without a specific report from the Advisory Board, does not contravene Article 22(4)(a). The Court emphasized that the determination of the necessity and duration of preventive detention lies with the Executive, not the Advisory Board, thus upholding the validity of the detention order.