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october 1972

Supreme Court of India · 1972-10-11

ABDUL AZIZ vs THE DISTT. MAGISTRATE BURDWAN & ORS.

Citation / case number
SC 1972/60352
Court
Supreme Court of India
Petitioner
ABDUL AZIZ
Respondent
THE DISTT. MAGISTRATE BURDWAN & ORS.
Author
Y.V. CHANDRACHUD
Bench
Y.V. CHANDRACHUD

Judgment text excerpt

The Supreme Court upheld the detention order under Section 3(1)(a)(ii) of the Maintenance of Internal Security Act, stating that the murders committed by the petitioner were not mere law and order issues but had serious repercussions on public order. The Court clarified that the timing of the detention order during ongoing prosecution does not invalidate it, and the delay in considering the petitioner's representation was justified due to the aftermath of the war with Pakistan. The Court affirmed that 'internal security' encompasses public order, thus validating the legislative power of Parliament under Entry 3 of List III of the Seventh Schedule of the Constitution.

ABDUL AZIZ vs THE DISTT. MAGISTRATE BURDWAN & ORS. · Niyam