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october 1983

Supreme Court of India · 1983-10-07

KAMLAKAR PRASAD CHATURVEDI vs STATE OF M. P. & ANR.

Citation / case number
SC 1983/66043
Court
Supreme Court of India
Petitioner
KAMLAKAR PRASAD CHATURVEDI
Respondent
STATE OF M. P. & ANR.
Author
D.A. DESAI
Bench
D.A. DESAI

Judgment text excerpt

The Supreme Court held that under Section 3(2) of the National Security Act, 1980, grounds for detention must be proximate and relevant; stale incidents cannot justify preventive detention. The Court emphasized that the Detaining Authority must demonstrate a continuous course of conduct justifying the detention, and if the grounds are too remote, the order may be invalid. The Court ultimately quashed the detention order due to reliance on outdated incidents, establishing that preventive detention requires timely and relevant grounds.

KAMLAKAR PRASAD CHATURVEDI vs STATE OF M. P. & ANR. · Niyam