A.K.
Gopalan v. The State of Madras. Union Of India: Intervener, 1950 SCR 88.
(May
19, 1950). http://judis.nic.in/supremecourt/qrydisp.asp?tfnm=1251
The
plaintiff was detained under the “Preventive Detention Act (Act IV of 1950).
The plaintiff applied under article 32 of the constitution for a writ of
hapeas corpus for release from detention, on the grounds that the act was
unconstitutional, and went against article 13, 19, 21, 22. He claimed that
his detention was illegal.
The
court held that the act, with the exception of section 14, was not in
“contravene” of the articles of constitution, and since the invalidity of
section 14 did not affect the validity of the whole act, the detention was
not illegal.
“Section
14 of the Preventive Detention Act, 1950, contravenes the provisions of Art.
9.9. (5) of the Constitution in so far as it prohibits a person detained from
disclosing to the Court the grounds on which a detention order has been made
or the representation made by him against the order of detention, and is to
that extent ultra vires and void.”
|
The
State of West Bengal v. Subodh Gopal Bose and others., 1954 SCR 587.
December
17, 1953. http://judis.nic.in/supremecourt/qrydisp.asp?tfnm=984
|
Pandit
M.S.M. Sharma v. |
JURISPRUDENCE (Landmark Cases in Supreme Court of india)
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