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november 1980

Supreme Court of India · 1980-11-12

GOPALANACHARI vs STATE OF KERALA

Citation / case number
SC 1980/63200
Court
Supreme Court of India
Petitioner
GOPALANACHARI
Respondent
STATE OF KERALA
Author
V.R. KRISHNAIYER
Bench
V.R. KRISHNAIYER

Judgment text excerpt

The Supreme Court held that Section 110 of the Code of Criminal Procedure must be applied with specificity, emphasizing that vague and broad terms cannot justify detention without clear evidence of habitual criminality. The Court reiterated that Article 21 guarantees the right to life and personal liberty, mandating that any deprivation must follow a fair and reasonable procedure. The Court allowed the petition, stating that the proceedings against the petitioner must be dropped as being poor is not a crime, and the constitutional validity of Section 110 hinges on its compliance with Article 21.

GOPALANACHARI vs STATE OF KERALA · Niyam