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december 1974

Supreme Court of India · 1974-12-20

RAM BALI RAJBHAR vs THE STATE OF WEST BENGAL & ORS.

Citation / case number
SC 1974/60349
Court
Supreme Court of India
Petitioner
RAM BALI RAJBHAR
Respondent
THE STATE OF WEST BENGAL & ORS.
Bench
BEG, M. HAMEEDULLAH

Judgment text excerpt

The Supreme Court upheld the detention of the petitioner under the Maintenance of Internal Security Act (MISA), stating that 'public order' is a broader concept than 'security of the State' as per Section 14 of MISA. The Court emphasized that the subjective satisfaction of the detaining authorities should not be interfered with unless it is clear that no reasonable person could justify the detention. The Court found that the Advisory Board had applied its mind to the case, and the affidavit from the tea-shop owner did not invalidate the initial detention order. The Court clarified that the State Government has the power to revoke or modify detention orders under Section 14 without being restricted by Section 21 of the General Clauses Act, 1897.

RAM BALI RAJBHAR vs THE STATE OF WEST BENGAL & ORS. · Niyam