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september 1984

Supreme Court of India · 1984-09-26

AJAY DIXIT, N.S.A. DETENU,THROUGH HIS NEXT FRIENDAND FATHER vs STATE OF U.P. AND OTHERS

Citation / case number
SC 1984/68383
Court
Supreme Court of India
Petitioner
AJAY DIXIT, N.S.A. DETENU,THROUGH HIS NEXT FRIENDAND FATHER
Respondent
STATE OF U.P. AND OTHERS
Author
SABYASACHI MUKHARJI
Bench
SABYASACHI MUKHARJI

Judgment text excerpt

The Supreme Court held that under Section 3(2) of the National Security Act, 1980, the satisfaction of the detaining authority regarding the necessity of detention cannot be subjected to objective tests. However, if the grounds for detention are stale or irrelevant, the detenu is entitled to be released. The Court emphasized that while the authority's order is generally valid if made in good faith, it is subject to judicial review if challenged on the basis of insufficient or irrelevant grounds.

AJAY DIXIT, N.S.A. DETENU,THROUGH HIS NEXT FRIENDAND FATHER vs STATE OF U.P. AND OTHERS · Niyam