SURYA PRAKASH SHARMA vs STATE OF U.P. AND ORS.

The Supreme Court held that an order for preventive detention under Section 3(3) of the National Security Act, 1980 can be validly issued against a person already in judicial custody if the detaining authority is aware of the custody and there are compelling reasons for such detention. The Court found that the grounds of detention, which included the detenu's involvement in a gruesome murder that disturbed public order, justified the order despite the detenu being in custody. Consequently, the Court allowed the writ petition and directed the immediate release of the detenu unless he was wanted in another case.