Supreme Court of India · 1974-08-21
HARADHAN SAHA & ANOTHER vs THE STATE OF WEST BENGAL & ORS.
- Citation / case number
- SC 1973/60188
- Court
- Supreme Court of India
- Petitioner
- HARADHAN SAHA & ANOTHER
- Respondent
- THE STATE OF WEST BENGAL & ORS.
- Bench
- RAY, A.N. (CJ),REDDY, P. JAGANMOHAN,MATHEW, KUTTYIL KURIEN,BEG, M. HAMEEDULLAH,ALAGIRISWAMI, A.
Judgment text excerpt
The Supreme Court upheld the constitutional validity of the Maintenance of Internal Security Act, 1971, stating it does not violate Articles 14, 19, 21, and 22 of the Constitution. The Court clarified that preventive detention serves a different purpose than prosecution, as it is based on future conduct rather than past acts. The petitioners' challenges to their detention orders were dismissed, affirming that prior criminal proceedings do not preclude preventive detention under the Act.