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july 2017

Supreme Court of India · 2017-07-17

LAHU SHRIRANG GATKAL vs THE STATE OF MAHARASHTRA

Citation / case number
SC 2017/13929
Court
Supreme Court of India
Petitioner
LAHU SHRIRANG GATKAL
Respondent
THE STATE OF MAHARASHTRA
Author
PRAFULLA C. PANT THE CHIEF
Bench
HON'BLE MR. JUSTICE PRAFULLA C. PANT HON'BLE THE CHIEF JUSTICE

Judgment text excerpt

The Supreme Court held that under Section 3 of the Act, the initial period of preventive detention cannot exceed six months, and any extension must not exceed three months at a time. The Court emphasized that the order of detention for twelve months at once violates the prescribed procedure and legislative intent, which mandates periodic review of detention. Consequently, the Court set aside the government order for extended detention, reinforcing the necessity of adhering to statutory provisions in matters of personal liberty.

LAHU SHRIRANG GATKAL vs THE STATE OF MAHARASHTRA · Niyam