Supreme Court of India · 1972-01-05
MOHD. MAQBOOL DAMNOO vs STATE OF JAMMU AND KASHMIR
- Citation / case number
- SC 1971/60281
- Court
- Supreme Court of India
- Petitioner
- MOHD. MAQBOOL DAMNOO
- Respondent
- STATE OF JAMMU AND KASHMIR
- Author
- SIKRI, S.M. (),SHELATM.,DUA, I.D.,KHANNA, HANS RAJ,MITTER, G.K.
- Bench
- SIKRI, S.M. (CJ),SHELAT, J.M.,DUA, I.D.,KHANNA, HANS RAJ,MITTER, G.K.
Judgment text excerpt
The Supreme Court examined the validity of the Jammu and Kashmir Preventive Detention (Amendment) Act, 1967, in light of Article 370(1) and Article 367 of the Constitution of India. The Court held that the amendment allowing the Governor to replace the Sadar-i-Riyasat as the Head of State was valid, despite the absence of a consequential change in Article 370(1). The Court also ruled that the detention order did not violate Articles 21 and 22, affirming the legality of the detention under the amended Act.