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december 1989

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.

ANAND PRAKASH vs STATE OF U.P. AND ORS. · Niyam