Supreme Court of India · 1966-02-11
G.SADANANDAN vs STATE OF KERALA & ANR.
- Citation / case number
- SC 1965/23
- Court
- Supreme Court of India
- Petitioner
- G.SADANANDAN
- Respondent
- STATE OF KERALA & ANR.
Judgment text excerpt
The Supreme Court held that under Rule 30(1)(b) of the Defence of India Rules, 1962, the detaining authority must provide sufficient material justifying the detention of an individual, even during a state of Emergency. The Court found that the Home Secretary's affidavit lacked adequate evidence and did not address specific allegations made by the petitioner, leading to the conclusion that the detention was mala fide. Consequently, the Court set aside the detention order, emphasizing that citizens' freedoms cannot be infringed without justifiable necessity as outlined in the Rules.