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march 1974

Supreme Court of India · 1974-03-26

MILAN BANIKP. vs THE STATE OF WEST BENGAL & ORS.

Citation / case number
SC 1973/60289
Court
Supreme Court of India
Petitioner
MILAN BANIKP.
Respondent
THE STATE OF WEST BENGAL & ORS.
Bench
KHANNA, HANS RAJ

Judgment text excerpt

The Supreme Court upheld the detention of the petitioner under Section 3 of the Maintenance of Internal Security Act, 1971, affirming that his activities constituted a disturbance to public order. The Court established that the test for public order is whether the activities interfere with community life rather than merely affecting individuals. The Court also ruled that the grounds for detention were not vague, as they provided sufficient detail for the petitioner to make an effective representation, and clarified that a District Magistrate can order detention for activities already subject to criminal proceedings if the individual was discharged due to insufficient evidence.

MILAN BANIKP. vs THE STATE OF WEST BENGAL & ORS. · Niyam