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february 1969

Supreme Court of India · 1969-02-06

SAMPAT PRAKASH vs STATE OF JAMMU & KASHMIR

Citation / case number
SC 1968/60129
Court
Supreme Court of India
Petitioner
SAMPAT PRAKASH
Respondent
STATE OF JAMMU & KASHMIR
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court upheld the detention of the petitioner under the Jammu and Kashmir Preventive Detention Act, 1964, stating that the detention order was valid as it was revoked within six months and a new order was issued based on fresh grounds. The Court found no mala fide intent in the issuance of the detention orders and ruled that the grounds provided were not vague or indefinite, as the government was permitted to withhold certain facts under Section 8(2). The Court emphasized that while preventive detention laws may seem contrary to individual liberties, they are permissible under the Constitution due to prevailing conditions.

SAMPAT PRAKASH vs STATE OF JAMMU & KASHMIR · Niyam