Supreme Court · 1968 INSC 342 · Decided 17 December 1968

In Re : Sushanta Goswami and Others v. No Respondent

Court
Supreme Court of India
Citation
1968 INSC 342 · [1969] 3 S.C.R. 138
Case number
WRIT PETITION (CIVIL) No. 328/1968
Decided
17 December 1968
Bench
J.C. SHAH, V. RAMASWAMI, A.N. GROVER (3-judge bench)
Outcome
Appeal(s) allowed
Case type
Writ / Constitutional
Acts & sections cited
Constitution Article 22(5), 32

Headnote

Constitution of India, 1950, Art. 22(5)-Preventive Detention Act 4 of 1950 s. 3(2)-Grounds of detention-Detention cannot be upheld if anv of the grounds is irrelevant-'Maintenance of public order' when affected. The petitioners were detained under the Preventive Detention Act. 1950. They filed a individually in the light of the grounds of detention supplied to them. HELD : ( i) If some of the grounds whid,h are given are irrelevant the order of detention cannot be upheld because the court cannot predicate what the subjective satisfaction of the authority would have been on the

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