Supreme Court of India · 1982-10-18
MERUGU SATYANARAYANA ETC. ETC. vs STATE OF ANDHRA PRADESH AND OTHERS
- Citation / case number
- SC 1982/63822
- Court
- Supreme Court of India
- Petitioner
- MERUGU SATYANARAYANA ETC. ETC.
- Respondent
- STATE OF ANDHRA PRADESH AND OTHERS
- Author
- D.A. DESAI
- Bench
- D.A. DESAI
Judgment text excerpt
The Supreme Court ruled that detention orders under Section 3(2) of the National Security Act, 1980, are invalid if the individual is already in judicial custody, as they cannot engage in activities prejudicial to public order. The Court emphasized that the affidavit supporting the detention must come from the detaining authority, not a subordinate officer, and found that the use of preventive detention against political opponents violated prior assurances. Consequently, the Court allowed the writ of habeas corpus, declaring the detention unlawful.