Supreme Court of India · 2004-03-31
State Of Karnataka And Anr vs Dr. Praveen Bhai Thogadia
- Citation / case number
- AIR 2004 SUPREME COURT 2081
- Court
- Supreme Court of India
- Petitioner
- State Of Karnataka And Anr
- Respondent
- Dr. Praveen Bhai Thogadia
- Author
- Arijit Pasayat
- Bench
- Doraiswamy Raju, Arijit Pasayat
Judgment text excerpt
The Supreme Court addressed the jurisdiction of the Additional District Magistrate (ADM) under Section 144 of the Code of Criminal Procedure, 1973, holding that the ADM acted beyond his authority in restraining the respondent from entering the district. The Court emphasized that the ADM's order was not justified as it lacked jurisdiction and was not supported by adequate evidence of imminent danger to communal harmony. Consequently, the Court upheld the High Court's decision to quash the ADM's order, reinforcing the principle that preventive measures must be grounded in lawful authority and necessity.