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november 1973

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.

BHUPAL CHANDRA GHOSH vs ARIF ALI AND OTHERS · Niyam