Supreme Court of India · 1973-11-15
BHUPAL CHANDRA GHOSH vs ARIF ALI AND OTHERS
- Citation / case number
- SC 1973/60319
- Court
- Supreme Court of India
- Petitioner
- BHUPAL CHANDRA GHOSH
- Respondent
- ARIF ALI AND OTHERS
- Bench
- DWIVEDI, S.N.
Judgment text excerpt
The Supreme Court held that the detention order under Section 3(2) of the Maintenance of Internal Security Act, 1971 was invalid as it relied on grounds irrelevant to the maintenance of public order, specifically citing the distinction between public order and security of the State. The Court emphasized that if the District Magistrate did not consider certain grounds relevant at the time of the order, he could not later use them to justify the detention. The petition for habeas corpus was allowed, resulting in the release of the petitioner.