SHER MOHAMMAD @ SERU vs THE STATE OF WEST BENGAL

The Supreme Court ruled that the detention order under the Maintenance of Internal Security Act, 1971 (MISA) was invalid due to non-compliance with Section 3(4), which mandates that the State Government must communicate the detention order to the Central Government within seven days. The Court emphasized that this procedural requirement is inviolable, and failure to adhere to it renders the detention void. Consequently, the Court held that the detenu's petition must succeed, leading to the quashing of the detention order.