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.