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september 2004

Supreme Court of India · 2004-09-20

State Of U.P. And Anr vs Sanjai Pratap Gupta @ Pappu And Ors

Citation / case number
AIR 2004 SUPREME COURT 4703
Court
Supreme Court of India
Petitioner
State Of U.P. And Anr
Respondent
Sanjai Pratap Gupta @ Pappu And Ors
Author
Arijit Pasayat
Bench
Arijit Pasayat, C.K. Thakker

Judgment text excerpt

The Supreme Court addressed the validity of a detention order under Section 3(2) of the National Security Act, 1980, which was quashed by the High Court on the grounds that the two aspects of the detenu's activities were inseparable. The Court held that the High Court erred in its interpretation of Section 5-A of the Act, emphasizing that the criminal antecedents of the detenu and the specific incident could be considered separately. The Court reinstated the detention order, ruling that the detenu posed a threat to public order, thus allowing the State's appeal.

State Of U.P. And Anr vs Sanjai Pratap Gupta @ Pappu And Ors · Niyam