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november 1974

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.

NIZAMUDDIN vs THE STATE OF WEST BENGAL · Niyam