Supreme Court of India · 1989-12-14
ANAND PRAKASH vs STATE OF U.P. AND ORS.
- Citation / case number
- SC 1989/72409
- Court
- Supreme Court of India
- Petitioner
- ANAND PRAKASH
- Respondent
- STATE OF U.P. AND ORS.
- Author
- V. II RAMASWAMI
- Bench
- V. II RAMASWAMI
Judgment text excerpt
The Supreme Court held that under Section 8 of the National Security Act, 1980, the detaining authority must base its satisfaction on credible information regarding the detenu's likelihood of indulging in criminal activities if released on bail. The Court found that the mere assertion of potential criminal behavior without substantial evidence or a history of such conduct was insufficient to justify preventive detention. The Court quashed the detention order due to the lack of credible material and inordinate delay in making the order, which vitiated the authority's satisfaction.