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july 1973

Supreme Court of India · 1973-07-25

HAR JAS DEV SINGH vs STATE OF PUNJAB & ORS.

Citation / case number
SC 1973/60334
Court
Supreme Court of India
Petitioner
HAR JAS DEV SINGH
Respondent
STATE OF PUNJAB & ORS.
Bench
REDDY, P. JAGANMOHAN

Judgment text excerpt

The Supreme Court held that the detention order under Section 3 of the Maintenance of Internal Security Act, 1971, is invalid due to the absence of fresh facts justifying the detention as required by Section 14(2) of the Act. The Court clarified that 'grounds' and 'facts' refer to different concepts, where grounds are conclusions drawn from relevant facts. The release of the detenu on bail does not constitute fresh facts to justify a new detention order, and thus, the petitioner's detention cannot be sustained.

HAR JAS DEV SINGH vs STATE OF PUNJAB & ORS. · Niyam