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october 1965

Supreme Court of India · 1965-10-27

A. K. GOPALAN vs THE GOVERNMENT OF INDIA

Citation / case number
SC 1965/322
Court
Supreme Court of India
Petitioner
A. K. GOPALAN
Respondent
THE GOVERNMENT OF INDIA
Bench
GAJENDRAGADKAR, P.B. (CJ),WANCHOO, K.N.,HIDAYATULLAH, M.,BACHAWAT, R.S.,RAMASWAMI, V.

Judgment text excerpt

The Supreme Court upheld the legality of detention orders issued by the Central Government on March 4, 1965, under Rule 30(1)(b) of the Defence of India Rules, after the cancellation of prior orders by the Governor of Kerala. The Court ruled that the petitioners' claims of mala fides were unfounded, as the Central Government had sufficient material to justify the detention aimed at preventing actions prejudicial to the defense of India. The Court clarified that it was not necessary to release the petitioners before issuing new detention orders, affirming the legality of the process followed.

A. K. GOPALAN vs THE GOVERNMENT OF INDIA · Niyam