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september 1963

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.

RAMESHWAR SHAW vs DISTRICT MAGISTRATE, BURDWAN & ANR. · Niyam