Supreme Court of India · 1962-03-16
STATE OF UTTAR PRADESH vs ABDUL SAMAD & ANOTHER.
- Citation / case number
- SC 1961/84
- Court
- Supreme Court of India
- Petitioner
- STATE OF UTTAR PRADESH
- Respondent
- ABDUL SAMAD & ANOTHER.
- Bench
- SINHA, BHUVNESHWAR P.(CJ),SUBBARAO, K.,AYYANGAR, N. RAJAGOPALA,MUDHOLKAR, J.R.,AIYYAR, T.L. VENKATARAMA
Judgment text excerpt
The Supreme Court held that the detention of the respondents was legal as they were produced before the High Court within the required time frame, thus not violating Article 22(2) of the Constitution. The Court clarified that the detention could not be dissected into two stages, and the High Court's order for release was erroneous. The dissenting opinion argued that the detention was illegal due to failure to produce the respondents before a Magistrate within 24 hours of their arrest.