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july 1982

Supreme Court of India · 1982-07-30

SMT. BIMLA DEWAN vs LIEUTENANT GOVERNOR OF DELHI

Citation / case number
SC 1982/63809
Court
Supreme Court of India
Petitioner
SMT. BIMLA DEWAN
Respondent
LIEUTENANT GOVERNOR OF DELHI
Author
A. VARADARAJAN
Bench
A. VARADARAJAN

Judgment text excerpt

The Supreme Court held that the detention order under Section 3(2) of the National Security Act was unsustainable as it relied on instances where the detenu had been acquitted, which could not be considered legitimate grounds for detention. The Court emphasized that mere allegations without substantiated evidence of potential disturbance to public order do not justify detention. Consequently, the Court quashed the detention order, establishing that the potentiality of acts to disturb public order must be clearly demonstrated for lawful detention.

SMT. BIMLA DEWAN vs LIEUTENANT GOVERNOR OF DELHI · Niyam