Supreme Court of India · 1973-09-18
GIANI BAKSHISH SINGH vs GOVT. OF INDIA & ORS
- Citation / case number
- SC 1973/60329
- Court
- Supreme Court of India
- Petitioner
- GIANI BAKSHISH SINGH
- Respondent
- GOVT. OF INDIA & ORS
- Bench
- ALAGIRISWAMI
Judgment text excerpt
The Supreme Court upheld the detention of a British citizen under Section 3(1)(a) and (b) of the Maintenance of Internal Security Act, 1971, for engaging in subversive activities that threatened national integrity. The Court clarified that the powers under these sections are distinct, allowing for detention even if the foreigner intends to leave India. It ruled that the legislative competence of Parliament to enact such provisions is valid under Entry 10 of List I, Schedule VII of the Constitution, thus affirming the detaining authority's power to act under either clause. The appeal was dismissed, affirming the High Court's decision.