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september 1989

Supreme Court of India · 1989-09-06

SHAFIQ AHMAD vs DISTRICT MAGISTRATE, MEERUT & ORS.

Citation / case number
SC 1984/68295
Court
Supreme Court of India
Petitioner
SHAFIQ AHMAD
Respondent
DISTRICT MAGISTRATE, MEERUT & ORS.
Author
SABYASACHI MUKHARJI
Bench
SABYASACHI MUKHARJI

Judgment text excerpt

The Supreme Court held that the detention order under Section 3(2) of the National Security Act, 1980, was invalid due to inordinate and unexplained delay in executing the order, which indicated a lack of bona fide belief in the necessity of preventive detention. The Court emphasized that the satisfaction of the authorities must be based on conduct relevant to public order and that any delay undermines the justification for detention. Consequently, the Court allowed the writ petition, quashing the detention order.

SHAFIQ AHMAD vs DISTRICT MAGISTRATE, MEERUT & ORS. · Niyam