Supreme Court of India · 1988-11-25
AYYA ALIAS AYUB vs STATE OF U.P. & ANR.
- Citation / case number
- SC 1988/70919
- Court
- Supreme Court of India
- Petitioner
- AYYA ALIAS AYUB
- Respondent
- STATE OF U.P. & ANR.
- Author
- M.N. VENKATACHALLIAH
- Bench
- M.N. VENKATACHALLIAH
Judgment text excerpt
The Supreme Court quashed the detention order under Section 3(2) of the National Security Act, 1980, holding that the grounds for detention were insufficient to establish a threat to public order as required by law. The Court emphasized that personal liberty under Article 21 of the Constitution is paramount and that preventive detention laws must be strictly construed with meticulous compliance to procedural safeguards. The Court found that the detaining authority failed to adequately justify the detention based on the alleged incidents, which did not demonstrate a clear public order problem.