Supreme Court of India · 1987-06-29
FAZAL GHOSI, WAHID, AYAZ AHMADAND RIAZ AHMAD vs STATE OF U.P. & ORS.
- Citation / case number
- SC 1986/69716
- Court
- Supreme Court of India
- Petitioner
- FAZAL GHOSI, WAHID, AYAZ AHMADAND RIAZ AHMAD
- Respondent
- STATE OF U.P. & ORS.
- Author
- R.S. () PATHAK
- Bench
- R.S. (CJ) PATHAK
Judgment text excerpt
The Supreme Court held that the detention orders under Section 3(2) of the National Security Act, 1980, against the petitioners were invalid due to lack of sufficient material for the District Magistrate to form an opinion that the detenus would act prejudicially to public order. The Court emphasized that preventive detention requires a clear basis for apprehension of future actions that threaten public safety. Consequently, the Court quashed the detention orders and allowed the appeals of the petitioners.