Supreme Court of India · 1987-09-15
GULAB MEHRA vs STATE OF U.P. & ORS.
- Citation / case number
- SC 1987/70952
- Court
- Supreme Court of India
- Petitioner
- GULAB MEHRA
- Respondent
- STATE OF U.P. & ORS.
- Author
- B.C. RAY
- Bench
- B.C. RAY
Judgment text excerpt
The Supreme Court held that the detention order issued by the District Magistrate was invalid due to vagueness in the grounds of detention, violating Article 22(5) of the Constitution of India. The Court emphasized that the grounds must provide sufficient particulars to allow the detenu to make an effective representation. The Court distinguished between breaches of law and order versus public order, stating that the impact of an act on the community determines its classification. The detention was quashed as the incidents cited did not demonstrate a threat to public order.