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.