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.