Supreme Court of India · 1988-01-12
SMT.SHASHI AGARWAL vs STATE OF UP & ORS.
- Citation / case number
- SC 1987/70950
- Court
- Supreme Court of India
- Petitioner
- SMT.SHASHI AGARWAL
- Respondent
- STATE OF UP & ORS.
- Author
- K. SHETTY
- Bench
- K.J. SHETTY
Judgment text excerpt
The Supreme Court quashed the detention order of Arun Aggarwal under Section 3(2) of the National Security Act, 1980, holding that the State must provide credible evidence that a detenu would act prejudicially to public order if released on bail. The Court emphasized that a mere possibility of bail is insufficient to justify detention, and there was no material on record to support the detention in this case. The Court's ruling reinforces the right to recourse to law and the necessity for substantiated grounds for detention.