Supreme Court of India · 1973-04-19
SAMBHU NATH SARKAR vs THE STATE OF WEST BENGAL & ORS.
- Citation / case number
- SC 1972/60358
- Court
- Supreme Court of India
- Petitioner
- SAMBHU NATH SARKAR
- Respondent
- THE STATE OF WEST BENGAL & ORS.
- Bench
- SHETTY, K.J. ,HEGDE, K.S.,RAY, A.N.,REDDY, P.J. & KHANNA, HANS RAJ,MUKHERJEA, B.K. & CHANDRACHUD, Y.V.
Judgment text excerpt
The Supreme Court held that Section 17A of the Maintenance of Internal Security Act, 1971, which allows for detention without the opinion of an Advisory Board for up to three years, does not violate Article 14 or Article 22(7) of the Constitution. The Court found that the language of Section 17A does not confer unguided discretion on the detaining authority, and thus the petitioner was entitled to be released from detention. The judgment emphasized the need for adherence to constitutional safeguards in matters of personal liberty.