Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | National Security Act 1980 Habeas Corpus Preventive detention s.3(1)(a) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | National Security Act, 1980: s.3(1)(a) - Preventive detention - Order of detention primarily based on the confessional statement leading to seizure of incriminating articles containing official secrets relating to Indian Defence Forces - Habeas Corpus petition by wife of detenu on the ground that the detenu was detained on a solitary ground case and sponsoring authority has failed to place any material before the detaining authority to show that either the detenu himself or his relatives have filed bail application - High Court setting aside the order of detention - Held: The detenu was taken into custody in September, 2012, and the order of detention was passed in December, 2012 - The said order of detention was finally quashed by the High. Court in April 2013 - Apparently, therefore, a long time lapsed inasmuch as the period of detention fixed in the order of detention already expired in April, 2014 - The detenu shall not be taken into custody for serving the remaining period of detention unless there still exist materials to the satisfaction of the detaining authority for putting him under detention - In the facts and circumstances of the case, the impugned order is set aside - However, initial detention order having been expired long back, it is for the detaining authority to take a decision in accordance with law - Constitution of India, 1950 - Article 21. |
Judge | Hon'ble Mr. Justice M.Y. Eqbal |
Neutral Citation | 2014 INSC 852 |
Petitioner | The Secretary To Government, Public (law And Order-f) And Another. |
Respondent | Nabila And Another. |
SCR | [2014] 12 S.C.R. 405 |
Judgement Date | 2014-12-09 |
Case Number | 2545 |
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