Supreme Court of India · 1972-01-13
NAGENDRA NATH MONDAL vs THE STATE OF WEST BENGAL
- Citation / case number
- SC 1971/60278
- Court
- Supreme Court of India
- Petitioner
- NAGENDRA NATH MONDAL
- Respondent
- THE STATE OF WEST BENGAL
- Bench
- SHELAT, J.M.
Judgment text excerpt
The Supreme Court upheld the detention of the petitioner under Section 3(2)(b) of the West Bengal Prevention of Violent Activities Act, 1970, finding sufficient material justifying the order based on the Advisory Board's report. The Court clarified that the distinction between law and order and public order is based on the degree of societal impact, emphasizing that acts affecting the community at large constitute a breach of public order. The Court dismissed the habeas corpus petition, allowing only grounds raised from jail to be considered, and ruled that the delay in considering the representation did not violate Article 22(5) of the Constitution.