Niyam v2 is live — start for just ₹100 — 200 credits to try

march 1974

Supreme Court of India · 1974-03-15

GOLAM HUSSAIN ALIAS GAMA vs THE COMMISSIONER OF POLICE, CALCUTTA, AND OTHERS

Citation / case number
SC 1973/60292
Court
Supreme Court of India
Petitioner
GOLAM HUSSAIN ALIAS GAMA
Respondent
THE COMMISSIONER OF POLICE, CALCUTTA, AND OTHERS
Bench
KRISHNAIYER, V.R.

Judgment text excerpt

The Supreme Court upheld the detention of the petitioner under Section 3(1)(a)(ii) and Section 3(2) of the Maintenance of Internal Security Act, 1971, despite the petitioner's earlier discharge in a criminal case due to lack of evidence. The Court ruled that the subjective satisfaction of the detaining authority does not require the same standard of proof as criminal proceedings, and a long interval between the alleged criminal acts and the detention order does not automatically invalidate the detention. The Court emphasized that the detention was justified to maintain public order, as the petitioner posed a potential threat to society.

GOLAM HUSSAIN ALIAS GAMA vs THE COMMISSIONER OF POLICE, CALCUTTA, AND OTHERS · Niyam