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november 1968

Supreme Court of India · 1968-11-07

PUSHKAR MUKHERJEE & ORS. vs THE STATE OF WEST BENGAL

Citation / case number
SC 1968/60152
Court
Supreme Court of India
Petitioner
PUSHKAR MUKHERJEE & ORS.
Respondent
THE STATE OF WEST BENGAL
Bench
RAMASWAMI

Judgment text excerpt

The Supreme Court held that under Section 3(1) of the Preventive Detention Act, the reasonableness of the detaining authority's satisfaction cannot be questioned in court, nor can the adequacy of the material be examined. However, if any grounds for detention are found irrelevant or vague, the detention order is liable to be quashed. The Court ruled that the expression 'public order' does not encompass all infractions of law, and specific grounds related to individual assaults were deemed irrelevant, rendering the detention orders illegal.

PUSHKAR MUKHERJEE & ORS. vs THE STATE OF WEST BENGAL · Niyam