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october 1974

Supreme Court of India · 1974-10-16

ADHIR NAIA vs THE STATE OF WEST BENGAL

Citation / case number
SC 1974/60323
Court
Supreme Court of India
Petitioner
ADHIR NAIA
Respondent
THE STATE OF WEST BENGAL

Judgment text excerpt

The Supreme Court held that the detention of the petitioner under the Maintenance of Internal Security Act, 1971, based on a single isolated incident of breaking a railway wagon, was unjustified. The Court emphasized that while it cannot review the propriety of detention orders, it can assess whether a reasonable person could conclude that the petitioner posed a future threat based on past conduct. In this case, the Court found that no reasonable person could determine that the solitary act warranted detention to prevent future prejudicial actions, thus setting aside the detention order.

ADHIR NAIA vs THE STATE OF WEST BENGAL · Niyam