Supreme Court · 2012 INSC 2 · Decided 4 January 2012
Yumman Ongbi Lembi Leima v. State of Manipur & ORS.
- Court
- Supreme Court of India
- Citation
- 2012 INSC 2 · [2012] 1 S.C.R. 1
- Case number
- CRIMINAL APPEAL No. 26/2012
- Decided
- 4 January 2012
- Bench
- ALTAMAS KABIR, S.S. NIJJAR, JASTI CHELAMESWAR (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC; CrPC Section 167; Constitution Article 22(2), 21, 22
Headnote
NATIONAL SECURITY ACT, 1980: s.3(4) - Order of detention - Held: An individual incident of an offence under the Indian Penal Code, however heinous, A B c is insufficient to make out a case for issuance of an order of preventive detention - In the instant case, the grounds of detention any material which was before the detaining authority, other than the fact that there was every D likelihood of the detenu being released on bail in connection with the case in respect of which he had been arrested - The power is required to be exercised with due caution as well as upon a proper
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