Supreme Court of India
A.K. Gopalan v. The State of Madras.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
The petition therefore fails and is dismissed.
Judgment, p. 132 (Kania C.J.)
In brief
The petitioner, A.K. Gopalan, had been in continuous custody since December 1947 under successive detention orders made under the Madras Maintenance of Public Order Act, 1947, interspersed with criminal prosecutions in which his convictions were ultimately set aside or his sentences served out. On 25 February 1950 Parliament enacted the Preventive Detention Act, 1950; on 27 February the Government of Madras, in supersession of the earlier orders, directed his detention on the ground that it was satisfied this was necessary to prevent him acting prejudicially to the security of the State and the maintenance of public order, and the order was served on him on 1 March 1950.…
Authorities it was built on
- Rex v. Halliday
- Liversidge v. Sir John Anderson
- The King v. The Military Governor of Hare Park Camp
- Local Government Board v. Arlidge
- Machindar Shivaji Mahar v. The King
Where later benches applied it
Of those, 1 referred to
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