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order made under any law providing for preventive detention, the authority making the order shall, as soon
Central Government Act
detention, contending that : (i) though an
order of detention to prevent acts prejudicial to public
order may be justifiable ... court. Thus if a person is detained under the Preventive
Detention Act, 1950, his right to move the Court
Supreme Court of India
SC1701 (21,26,27)
ACT:
Preventive Detention Act (IV of 1950), ss. 8, 7,
10-I4.--Validity--Constitution of India ... Arts. 13, 19
to 22, 32--Law relating to preventive detention--Whether
infringes Fundamental Right as to freedom of
movement
Supreme Court of India
SC1207 (66)
RF 1977 SC1884 (23)
ACT:
Preventive Detention (Amendment) Act, 1951, ss. 9, 10,
11, 12--Indian Constitution ... detentions --Validity
after expiry of Statute.
HEADNOTE:
The Preventive Detention (Amendment) Act of 1951 which
extended the operation
Supreme Court of India
order made under any law providing for
preventive detention, the authority making the order shall,
as soon ... arbitrary or improper exercise
of the vast powers of preventive, detention which may be
vested in the executive
Supreme Court of India
Constitution and hence invalid-Distinction between
preventive detention with punitive detention-Constitution of
India 1950 Article 21, scope of.
HEADNOTE ... must necessarily bear in
mind the vital distinction between preventive detention and
punitive detention. Punitive detention is intended to
inflict
Supreme Court of India
Writ petitions,
HELD : (1) Article 14 is inapplicable because preventive
detention and Prosecution are not synonymous. The purposes
are different ... sought to be punished for a past act. In preventive
detention, the past act is merely the material for inference
Supreme Court of India
Constitution Of India 1949
(4) No law providing for preventive detention shall authorise the detention of a person
Central Government Act
maintenance of public order.' [715 C-E]
(ii) Preventive detention is devised to afford
protection to society. The object ... Executive can take recourse to its power of
preventive detention in those cases where the Court is
genuinely satisfied that
Supreme Court of India
SC1086 (18)
ACT:
Preventive Detention Act, s. 3(1)--"Public order", meaning
of--whether takes in assault on solitary individuals ... thus not necessarily sufficient for
action under the Preventive Detention Act but a disturbance
which will affect public order comes
Supreme Court of India
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