FENDAN NAHA vs STATE OF WEST BENGAL

The Supreme Court dismissed the writ petition under Article 32 challenging the detention order dated 15 March 1973, issued under Section 3(1) and 3(2) of the Maintenance of Internal Security Act. The Court held that the authorities had properly exercised their discretion in fixing the maximum period of detention, which is constitutionally valid under Section 13 of the Act and Article 22(7)(b) of the Constitution. The Court affirmed that the detention order does not suffer from any constitutional infirmity and upheld the validity of the detention for the maximum period allowed by law.