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january 1975

Supreme Court of India · 1975-01-27

SALIM vs STATE OF WEST BENGAL

Citation / case number
SC 1974/60341
Court
Supreme Court of India
Petitioner
SALIM
Respondent
STATE OF WEST BENGAL
Bench
CHANDRACHUD, Y.V.

Judgment text excerpt

The Supreme Court upheld the detention order under the Maintenance of Internal Security Act, 1971, despite the petitioner's claims regarding the delay in reporting the order 'forthwith' as per Section 3(3). The Court clarified that while preventive detention laws must be interpreted strictly, the delay in reporting did not impair the State Government's ability to consider the order within the statutory period. Additionally, the Court ruled that the availability of an alternative remedy, such as prosecution, does not invalidate the detention, affirming the legality of the order.

SALIM vs STATE OF WEST BENGAL · Niyam