Supreme Court of India
Smt. Pebam Ningol Miko Devi v. State of Manipur and Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
2 Supreme Court benches have cited this judgment.
What the Court ordered
Before parting with the case, we wish to add that in a criminal case, if it is initiated against the detenu, the prosecution would not be in a position to procure evidence to sustain conviction cannot be a ground to pass an order of preventive detention under National Security Act.
Judgment, page 19
From the headnote
National Security Act, 1980 - s. 3(2) - Preventive detention - Legality - Editor of a Daily evening paper detained under the National Security Act - Detention order - Challenge to - Held: There was no reasonable basis for the detention order, and there was no material to support the same - None of the documents relied on by the detaining Authority in passing the detention order could be deemed to be pertinent - Delay in forwarding the representation of the detenu to Central Government also remained unexplained - Sufficient ground made out for quashing the order of preventive detention -
Authorities it was built on
Where later benches applied it
- 2013 Abdul Nasar Adam Ismail through Abdul Basheer Adam Ismail v. The State of Maharashtra & Ors
- 2021 Sarabjeet Singh Mokha v. The District Magistrate, Jabalpur & Ors.
Of those, 1 relied on · 1 referred to
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