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march 1981

Supreme Court of India · 1981-03-05

SHIV PRASAD BHATNAGAR vs STATE OF MADHYA PRADESH & ANR.

Citation / case number
SC 1981/63717
Court
Supreme Court of India
Petitioner
SHIV PRASAD BHATNAGAR
Respondent
STATE OF MADHYA PRADESH & ANR.
Author
O. CHINNAPPA REDDY
Bench
O. CHINNAPPA REDDY

Judgment text excerpt

The Supreme Court held that the grounds for preventive detention under Section 12(1) of the National Security Act were vague and stale, as they failed to specify the names of associates involved in the alleged incidents and cited events from as far back as 1974 to justify the detention. The Court emphasized that incidents related to 'law and order' do not necessarily justify preventive detention aimed at maintaining public order. Consequently, the Court quashed the detention order, ruling that the grounds were insufficient to sustain such an order.

SHIV PRASAD BHATNAGAR vs STATE OF MADHYA PRADESH & ANR. · Niyam