1987 (6) TMI 397 - SC - Indian Laws

Detention Orders Quashed: SC Rules Lack of Evidence for Preventive Detention Under National Security Act.

Fazal Ghosi and Ors. Versus State of U.P. and Ors.

The SC reviewed the validity of detention orders under the National Security Act, 1980, concerning four individuals. The Court found that the District ... - Issues:1. Validity of detention orders under the National Security Act, 1980.Analysis:The judgment by the Supreme Court involved the review of detention orders made under the National Security Act, 1980 against four individuals. The petitioners and appellants challenged the detention orders issued against them, claiming that there was no material to support the opinion that they would act in a manner prejudicial to public order in the future. The Court noted that preventive detention under the Act is aimed at preventing future prejudicial actions rather than punishing past offenses. The District Magistrate's satisfaction, a subjective assessment, must be supported by relevant material. In this case, the Court found a lack of material to indicate that the detenus would engage in activities prejudicial to public order in the future, even if they had incited lawlessness previously. The Court emphasized the necessity of relevant material to support the detention orders.The Court highlighted that the detention orders lacked the necessary material to justify preventive detention under the National Security Act. As a result, the Court quashed the detention orders against all four detenus. The writ petitions and appeals were allowed, and the detenus were ordered to be set at liberty unless their detention was required in connection with other cases. The judgment focused on the importance of ensuring that preventive detention measures are based on substantive and relevant material to prevent future actions prejudicial to public order.