Supreme Court of India · 1966-04-19
P. L. LAKHANPAL vs UNION OF INDIA
- Citation / case number
- SC 1966/60062
- Court
- Supreme Court of India
- Petitioner
- P. L. LAKHANPAL
- Respondent
- UNION OF INDIA
- Author
- SARKAR, A.K. (),HIDAYATULLAH, M.,BACHAWAT, R.S.,SHELATM.,DAYAL, RAGHUBAR
- Bench
- SARKAR, A.K. (CJ),HIDAYATULLAH, M.,BACHAWAT, R.S.,SHELAT, J.M.,DAYAL, RAGHUBAR
Judgment text excerpt
The Supreme Court upheld the legality of the detention of the petitioner under Rule 30(1)(b) of the Defence of India Rules, 1962, stating that it is not ultra vires Section 3(2)(15)(i) of the Defence of India Act as it does not require the authority's satisfaction to be based on reasonable grounds. The Court clarified that Article 352 of the Constitution does not mandate the proclamation to state the President's satisfaction regarding the Emergency, and that the detention review process does not confer a right to representation. The Court dismissed the petition under Article 32, affirming the detention order's validity.