Supreme Court of India · 1963-10-11
MAKHAN SINGH TARSIKKA vs THE STATE OF PUNJAB
- Citation / case number
- SC 1963/126
- Court
- Supreme Court of India
- Petitioner
- MAKHAN SINGH TARSIKKA
- Respondent
- THE STATE OF PUNJAB
- Author
- GAJENDRAGADKAR, P.B.,SUBBARAO, K.,WANCHOO, K.N.,SHAHC.,DAYAL, RAGHUBAR
- Bench
- GAJENDRAGADKAR, P.B.,SUBBARAO, K.,WANCHOO, K.N.,SHAH, J.C.,DAYAL, RAGHUBAR
Judgment text excerpt
The Supreme Court ruled that a detention order under Rule 30(1)(b) of the Defence of India Rules, 1962, cannot be validly served on a person who is already in jail custody, as it constitutes 'double detention'. The Court emphasized that such an order can only be served if the individual is free to engage in prejudicial activities, which was not the case for the appellant. Consequently, the detention order was declared invalid, aligning with the principles established in Rameshwar Shaw v. District Magistrate, Burdhwan.