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august 1972

Supreme Court of India · 1972-08-14

SAMARESH CHANDRA BOSE ETC. ETC. vs DISTRICT MAGISTRATE, BURDWAN

Citation / case number
SC 1972/60376
Court
Supreme Court of India
Petitioner
SAMARESH CHANDRA BOSE ETC. ETC.
Respondent
DISTRICT MAGISTRATE, BURDWAN
Bench
DUA, I.D.

Judgment text excerpt

The Supreme Court upheld the detention of the petitioners under Section 3(1) and 3(2) of the Maintenance of Internal Security Act, 1971, ruling that the government's reasons for the delay in considering their representation were justified and did not constitute inordinate delay. The Court found that the acts of violence by the petitioners against political opponents and police disturbed public order, thus validating the detention order. The Court also clarified that prior discharge in a criminal case does not negate the authority's subjective satisfaction for preventive detention.

SAMARESH CHANDRA BOSE ETC. ETC. vs DISTRICT MAGISTRATE, BURDWAN · Niyam