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

march 1974

Supreme Court of India · 1974-03-28

BIRAM CHAND vs STATE OF UTTAR PRADESH & ORS.

Citation / case number
SC 1974/60519
Court
Supreme Court of India
Petitioner
BIRAM CHAND
Respondent
STATE OF UTTAR PRADESH & ORS.
Author
P.K. GOSWAMI
Bench
P.K. GOSWAMI

Judgment text excerpt

The Supreme Court ruled that a detention order under the Maintenance of Internal Security Act, 1971, cannot be based on grounds that are the subject of ongoing criminal trials, as this violates the principle of not pursuing parallel proceedings. The Court emphasized that if any ground for detention is found to be non-existent or irrelevant, the entire order is invalid. The Court held that the detention order against the petitioner was invalid as it relied on pending criminal prosecutions, which should not have influenced the District Magistrate's subjective satisfaction in making the order.

BIRAM CHAND vs STATE OF UTTAR PRADESH & ORS. · Niyam