Supreme Court of India · 1963-09-11
RAMESHWAR SHAW vs DISTRICT MAGISTRATE, BURDWAN & ANR.
- Citation / case number
- SC 1963/131
- Court
- Supreme Court of India
- Petitioner
- RAMESHWAR SHAW
- Respondent
- DISTRICT MAGISTRATE, BURDWAN & ANR.
- Bench
- GAJENDRAGADKAR, P.B.,SUBBARAO, K.,WANCHOO, K.N.,AYYANGAR, N. RAJAGOPALA,MUDHOLKAR, J.R.
Judgment text excerpt
The Supreme Court held that under Section 3(1) of the Preventive Detention Act, 1950, the satisfaction of the detaining authority is subjective and cannot be questioned in a court of law. The Court ruled that while past conduct can be considered for detention, it must be proximate in time and rationally connected to the necessity for detention. The Court clarified that detention orders can be issued against individuals already in jail, but the specific circumstances of each case must be evaluated. The petitioner's detention was upheld as valid under these principles.