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.