Supreme Court of India · 1981-01-13
FRANCIS CORALIE MULLIN vs THE ADMINISTRATOR, UNION TERRITORY OF DELHI & ORS.
- Citation / case number
- SC 1980/63330
- Court
- Supreme Court of India
- Petitioner
- FRANCIS CORALIE MULLIN
- Respondent
- THE ADMINISTRATOR, UNION TERRITORY OF DELHI & ORS.
- Bench
- BHAGWATI, P.N.
Judgment text excerpt
The Supreme Court held that the conditions of preventive detention under the Conservation of Foreign Exchange & Prevention of Smuggling Activities Act must comply with Articles 14 and 21 of the Constitution. The Court emphasized the distinction between preventive and punitive detention, asserting that preventive detention is not punitive but aims to prevent harmful conduct. It ruled that the safeguards provided in Articles 21 and 22 must be adhered to, and any law of preventive detention must be reasonable, fair, and just, failing which it would be invalid.