Supreme Court of India · 1965-09-06
STATE OF MAHARASHTRA vs PRABHAKAR PANDURANG SANGZGIRI AND ANOTHER
- Citation / case number
- SC 1965/74
- Court
- Supreme Court of India
- Petitioner
- STATE OF MAHARASHTRA
- Respondent
- PRABHAKAR PANDURANG SANGZGIRI AND ANOTHER
- Author
- SUBBARAO, K.,WANCHOO, K.N.,SHAHC.,SIKRI, S.M.,RAMASWAMI, V.
- Bench
- SUBBARAO, K.,WANCHOO, K.N.,SHAH, J.C.,SIKRI, S.M.,RAMASWAMI, V.
Judgment text excerpt
The Supreme Court held that the Bombay Conditions of Detention Order, 1951 does not confer mere privileges but outlines the conditions under which a detenu's liberty can be restricted. The Court found that since there was no prohibition against writing a book or sending it for publication, the State of Maharashtra's refusal infringed upon the personal liberty of the detenu. Furthermore, the Court clarified that the right to move the High Court under Article 226 remains intact if the deprivation of liberty contravenes the law under which the detenu was held.