NEWS

JURISPRUDENCE (Landmark Cases in Supreme Court of india)


A.K. Gopalan v. The State of Madras. Union Of India: Intervener, 1950 SCR 88.
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.
Pandit M.S.M. Sharma v.