SHAIK HANIF, GUDMA MAJHI & KAMAL SAHA vs STATE OF WEST BENGAL

The Supreme Court held that under the Maintenance of Internal Security Act, 1971, the counter-affidavit in habeas corpus petitions must be sworn by the District Magistrate or the authority whose subjective satisfaction led to the detention order, as per Article 22(5) of the Constitution. The Court found that the failure to provide an affidavit from the District Magistrate rendered the detention order illegal. Consequently, the petitions were allowed, emphasizing the necessity for compliance with legal and constitutional requirements in detention cases.