Supreme Court of India · 1965-12-17
JAGANNATH MISRA vs STATE OF ORISSA
- Citation / case number
- SC 1965/41
- Court
- Supreme Court of India
- Petitioner
- JAGANNATH MISRA
- Respondent
- STATE OF ORISSA
- Bench
- GAJENDRAGADKAR, P.B. (CJ),WANCHOO, K.N.,HIDAYATULLAH, M.,RAMASWAMI, V.,SATYANARAYANARAJU, P.
Judgment text excerpt
The Supreme Court held that an order of detention under Rule 30(1)(b) of the Defence of India Rules must reflect the detaining authority's application of mind, as mandated by Section 44 of the Defence of India Act. The Court found that the order, which cited six out of eight grounds for detention, indicated a lack of proper consideration by the authority, leading to the conclusion that the detention was invalid. Consequently, the petitioner was entitled to release due to the casualness in the order's formulation and the failure to meet the legal requirements for detention.