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january 1973

Supreme Court of India · 1973-01-11

MASOOD ALAM ETC. vs UNION OF INDIA & ORS.

Citation / case number
SC 1972/60373
Court
Supreme Court of India
Petitioner
MASOOD ALAM ETC.
Respondent
UNION OF INDIA & ORS.
Bench
DUA, I.D.

Judgment text excerpt

The Supreme Court held that the second detention order was invalid as it did not disclose any fresh facts required under Section 14(2) of the Maintenance of Internal Security Act. The Court emphasized that preventive detention is an extraordinary power that must be exercised with caution and that the grounds for detention must be relevant and not merely a repetition of previous orders. The Court granted the writ of habeas corpus, directing the release of the petitioners due to the mala fide nature of the detention orders.

MASOOD ALAM ETC. vs UNION OF INDIA & ORS. · Niyam