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january 1966

Supreme Court of India · 1966-01-17

THE STATE OF BIHAR vs RAMBALAK SINGH AND OTHERS

Citation / case number
SC 1965/30
Court
Supreme Court of India
Petitioner
THE STATE OF BIHAR
Respondent
RAMBALAK SINGH AND OTHERS
Author
GAJENDRAGADKAR, P.B. (),SHAHC.,SIKRI, S.M.,RAMASWAMI, V.,SATYANARAYANARAJU, P.
Bench
GAJENDRAGADKAR, P.B. (CJ),SHAH, J.C.,SIKRI, S.M.,RAMASWAMI, V.,SATYANARAYANARAJU, P.

Judgment text excerpt

The Supreme Court held that the High Court has jurisdiction to grant interim bail in habeas corpus petitions under Article 226, even when the detention is under Rule 30 of the Defence of India Rules, 1962. However, this jurisdiction is circumscribed by special considerations relevant to the object of detention, which aims to safeguard public safety and the Defence of India. The Court clarified that while the High Court can grant bail, it must be satisfied that there is prima facie evidence of illegality in the detention order before doing so.

THE STATE OF BIHAR vs RAMBALAK SINGH AND OTHERS · Niyam