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.