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november 1974

Supreme Court of India · 1974-11-26

KHUDIRAM DAS vs THE STATE OF WEST BENGAL & ORS.

Citation / case number
SC 1974/60359
Court
Supreme Court of India
Petitioner
KHUDIRAM DAS
Respondent
THE STATE OF WEST BENGAL & ORS.
Bench
BHAGWATI, P.N.

Judgment text excerpt

The Supreme Court upheld the detention of the petitioner under Section 3 of the Maintenance of Internal Security Act, 1971, affirming that the subjective satisfaction of the detaining authority is valid if it is not unreasonable. The Court ruled that the grounds for detention, including incidents of theft affecting essential services, were sufficient to justify the District Magistrate's decision. Furthermore, the Court found no violation of Article 22(5) as the petitioner was not denied the opportunity to make an effective representation against his detention.

KHUDIRAM DAS vs THE STATE OF WEST BENGAL & ORS. · Niyam