Supreme Court · 1965 INSC 230 · Decided 27 October 1965
A.K. Gopalan v. The Government of India
- Court
- Supreme Court of India
- Citation
- 1965 INSC 230 · [1966] 2 S.C.R. 427
- Case number
- WRIT PETITION (CIVIL) No. 51/1965
- Decided
- 27 October 1965
- Bench
- P.B. GAJENDRAGADKAR, K.N. WANCHOO, M. HIDAYATULLAH, R.S. BACHAWAT, V. RAMASWAMI (5-judge bench)
- Outcome
- Dismissed
- Case type
- Writ / Constitutional
- Acts & sections cited
- Constitution Article 32
Headnote
Df[ence of India Rn/es-R. 30(l)(h)-Detention order by Governor of State cancelled-Substituted by Detention Order of Central Govern- 111ent-Whether nuila fide-Whether otherwise legal. At a time when the State of Kerala was 'being governed by virtue of a Proclamation under Art. 356 by through the Gover­ nor, the petitioners, who we,re members of the Left 1Communist Party along with others numbering 140 in all, were ordered tu be detained under r. 30(1) (b) of the Defence of India Rules by orders of the Gover· nor of Kernla passed on December 29, l 964. On March 4,
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