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january 1988

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.

SMT.SHASHI AGARWAL vs STATE OF UP & ORS. · Niyam