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september 1973

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.

GIANI BAKSHISH SINGH vs GOVT. OF INDIA & ORS · Niyam