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april 1975

Supreme Court of India · 1975-04-11

MOHD. DHANA ALI KHAN vs STATE OF WEST BENGAL

Citation / case number
SC 1975/60501
Court
Supreme Court of India
Petitioner
MOHD. DHANA ALI KHAN
Respondent
STATE OF WEST BENGAL
Author
SYED MURTAZA FAZALALI
Bench
SYED MURTAZA FAZALALI

Judgment text excerpt

The Supreme Court held that a single incident of theft in a running train can have a nexus with public order disturbance under Section 14 of the Maintenance of Internal Security Act, 1971. The Court clarified that the Central Government has discretion to revoke or modify detention orders, but failure to do so does not imply a lack of consideration. However, the order of detention was invalidated as the District Magistrate relied on additional materials beyond the grounds served to the petitioner, which constituted a serious infirmity in the order.

MOHD. DHANA ALI KHAN vs STATE OF WEST BENGAL · Niyam