Supreme Court of India · 1968-10-10
SAMPAT PRAKASH vs STATE OF JAMMU & KASHMIR & ANR.
- Citation / case number
- SC 1968/60158
- Court
- Supreme Court of India
- Petitioner
- SAMPAT PRAKASH
- Respondent
- STATE OF JAMMU & KASHMIR & ANR.
- Bench
- HIDAYATULLAH, M. (CJ),SHELAT, J.M.,BHARGAVA, VISHISHTHA,MITTER, G.K.,VAIDYIALINGAM, C.A.
Judgment text excerpt
The Supreme Court upheld the validity of the Jammu and Kashmir Preventive Detention Act, 1964, stating that the President's power under Article 370 to extend the period of immunity for state laws, including those infringing fundamental rights, remains intact. The Court ruled that the modifications made by the President in 1959 and 1964 were valid, as the political situation justifying Article 370 had not changed. The petitioner's arguments regarding the cessation of the President's powers and the infringement of fundamental rights under Article 22 were rejected, affirming the legality of the detention without reference to the Advisory Board under Section 13A of the Act.