Supreme Court of India · 1974-11-05
NIZAMUDDIN vs THE STATE OF WEST BENGAL
- Citation / case number
- SC 1974/60318
- Court
- Supreme Court of India
- Petitioner
- NIZAMUDDIN
- Respondent
- THE STATE OF WEST BENGAL
- Bench
- BHAGWATI, P.N.
Judgment text excerpt
The Supreme Court quashed the detention order under Section 3(2)(i) of the Maintenance of Internal Security Act, 1971, as the District Magistrate's subjective satisfaction was not genuine, given the delay of over two months in executing the order. The Court emphasized that the State must explain any unreasonable delay in detaining a person under such orders, and failure to do so raises doubts about the validity of the detention. The petition was allowed, and the detention order was set aside.