Supreme Court · 1973 INSC 86 · Decided 19 April 1973
Sambhu Nath Sarkar v. The State of West Bengal & ORS.
- Court
- Supreme Court of India
- Citation
- 1973 INSC 86 · [1974] 1 S.C.R. 1
- Case number
- WRIT PETITION (CRIMINAL) No. 266/1972
- Decided
- 19 April 1973
- Bench
- J.M. SHELAT, K.S. HEGDE, A.N. RAY, P. JAGANMOHAN REDDY, HANS RAJ KHANNA, A.K. MUKHERJEA, Y.V. CHANDRACHUD (7-judge bench)
- Outcome
- Case Allowed
- Case type
- Criminal
- Acts & sections cited
- Constitution Article 22(7), 22(4)(a), 32
Headnote
The Mllillfe11ance of Internal Security Act, (26 of 1971), s. 17A-lf violates Art. 14 and Art. 22(7) of the Constitution. Constitution of India, 1950, Art. 22(4)(a) and (b) of Art. 22(1)-Scope of. Practice-Scope of Supreme Court's Power to review its of Internal Security Act, 1971, was passed on July 2, 1971. On Del.:ember 3, 1971, a Proclamation of Emergency was issul!d and on the next d~y. the Defence of India Act. 1971, was enacted. Section 6 of the Defence of India Act introduced various amendments and a new section, s. 17,\, in
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