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september 1987

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.

GULAB MEHRA vs STATE OF U.P. & ORS. · Niyam