Supreme Court of India · 1973-12-20
FAGU SHAW, ETC., ETC. vs THE STATE OF WEST BENGAL
- Citation / case number
- SC 1973/60313
- Court
- Supreme Court of India
- Petitioner
- FAGU SHAW, ETC., ETC.
- Respondent
- THE STATE OF WEST BENGAL
- Bench
- RAY, A.N. (CJ),MATHEW, KUTTYIL KURIEN,CHANDRACHUD, Y.V.,ALAGIRISWAMI, A.,BHAGWATI, P.N.
Judgment text excerpt
The Supreme Court held that Article 22(4)(a) of the Constitution mandates that no preventive detention can exceed three months without an Advisory Board's report, and Article 22(7)(b) allows Parliament to prescribe a maximum detention period. The Court found that Section 13 of the Maintenance of Internal Security Act, 1971, which allows detention for up to twelve months, is valid as it prescribes a maximum period. The petitioners' claims regarding the unconstitutionality of their detention were dismissed, affirming the legality of the detention under the Act.