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october 1989

Supreme Court of India · 1989-10-06

STATE OF PUNJAB vs SUKHPAL SINGH

Citation / case number
SC 1989/72428
Court
Supreme Court of India
Petitioner
STATE OF PUNJAB
Respondent
SUKHPAL SINGH
Author
K.N. SAIKIA
Bench
K.N. SAIKIA

Judgment text excerpt

The Supreme Court upheld the High Court's decision to quash the detention order under the National Security Act, 1980, citing Sections 3(2), 9, and 10. The Court emphasized that preventive detention must not be a substitute for punitive measures and that the detaining authority must apply its mind to the facts of the case. The Court found that the detention was confirmed without allowing the detenu to present evidence before the Advisory Board, thus violating principles of natural justice, and directed the immediate release of the detenu.

STATE OF PUNJAB vs SUKHPAL SINGH · Niyam