Supreme Court · 1975 INSC 1 · Decided 8 January 1975
Sher Mohammad @ Seru v. The State of West Bengal
- Court
- Supreme Court of India
- Citation
- 1975 INSC 1 · [1975] 3 S.C.R. 154
- Case number
- WRIT PETITION (CRIMINAL) No. 522/1974
- Decided
- 8 January 1975
- Bench
- V.R. KRISHNA IYER, R.S. SARKARIA (2-judge bench)
- Outcome
- Case Allowed
- Case type
- Criminal
- Acts & sections cited
- Constitution Article 32, 27
Headnote
Maintena1we of ll!ternal Security Act (26 of 1971), s. 3(4)-Communi­ cation of District Magistrate's order by State Government to Cemral Govern­ ment before approval by State Government-If sufficient compliance with statuJory requirement. Section 3 of the Maintenance of Internal Security it is done by· a lesser authority, approve of such detention order as provided. Section 3(4) obl(gates the State Government to communicate, within 7 days of the order of detention it makes or approves, that fact to the Central Go,·­ ctoment, together with the grounds and other
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