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january 1989

Supreme Court of India · 1989-01-18

SHARAD KUMAR TYAGI vs STATE OF UTTAR PRADESH & ORS.

Citation / case number
SC 1988/70696
Court
Supreme Court of India
Petitioner
SHARAD KUMAR TYAGI
Respondent
STATE OF UTTAR PRADESH & ORS.
Author
S. NATRAJAN
Bench
S. NATRAJAN

Judgment text excerpt

The Supreme Court upheld the detention of the petitioner under the National Security Act, stating that the incidents of extortion and threats made by the petitioner constituted a significant threat to public order. The Court found that the demands for 'chauth' from contractors and shopkeepers created a climate of fear affecting the community's daily life, thus justifying the detention under Section 3 of the Act. The Court dismissed the petitioner's claims regarding the lack of opportunity for legal assistance and the alleged non-application of mind by the Central Government, affirming the validity of the Advisory Board's recommendations under Section 10.

SHARAD KUMAR TYAGI vs STATE OF UTTAR PRADESH & ORS. · Niyam