Supreme Court of India · 1975-01-22
SADHU ROY vs THE STATE OF WEST BENGAL
- Citation / case number
- SC 1974/60301
- Court
- Supreme Court of India
- Petitioner
- SADHU ROY
- Respondent
- THE STATE OF WEST BENGAL
- Author
- V.R. KRISHNAIYER
- Bench
- V.R. KRISHNAIYER
Judgment text excerpt
The Supreme Court held that while discharge or acquittal by a criminal court does not bar preventive detention under Section 3 of the Maintenance of Internal Security Act, 1971, such detention may be challenged if it is based on a finding that the charges were baseless. The Court emphasized that the executive's subjective satisfaction must be real and rational, and not merely a mechanical application of statutory phrases. The judgment allowed the petition, indicating that the grounds for detention were insufficient and lacked credibility.