Supreme Court of India · 1966-07-27
JAICHAND LALL SETHIA vs STATE OF WEST BENGAL & ORS.
- Citation / case number
- SC 1966/60058
- Court
- Supreme Court of India
- Petitioner
- JAICHAND LALL SETHIA
- Respondent
- STATE OF WEST BENGAL & ORS.
- Author
- WANCHOO, K.N.,HIDAYATULLAH, M.,SIKRI, S.M.,RAMASWAMI, V.,SHELATM.
- Bench
- WANCHOO, K.N.,HIDAYATULLAH, M.,SIKRI, S.M.,RAMASWAMI, V.,SHELAT, J.M.
Judgment text excerpt
The Supreme Court upheld the detention order under Rule 30 of the Defence of India Rules, 1962, stating that the plea of mala fides could be raised but was not justified in this case. The Court clarified that the satisfaction of the Government for detention is subjective and not ordinarily subject to judicial scrutiny unless there is evidence of mala fides or lack of application of mind. The Court held that the High Court's refusal to summon the file for inspection was correct, as there were no allegations against the Chief Minister who issued the order.