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.