Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 1989 (9) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
1989 (9) TMI 381 - SC - Indian LawsDetention of the petitioner - a detenu, under s. 3(2) of the National Security Act, 1980 challenged - Held that:- Appeal allowed. It has to be borne in mind that if more than one grounds are stated in the grounds then the fact that one of the grounds is bad, would not alter order of detention after the amendment of the Act in 1984 provided the other grounds were valid. But quite apart from the same, it appears to us that none of the grounds were vague. The grounds must be understood in the light of the background and the context of the facts. It was quite clear what the detaining authorities were trying to convey was that the petitioner stated things of the nature and it was to teach Hindus a lesson. Hence, it was meant to create communal tension. We find no irrelevancy or vagueness in the grounds. On this ground the challenge cannot be sustained. However, in the view taken by us on the first ground the order of detention must be quashed and set aside. We order accordingly. Let the petitioner be set at liberty forthwith unless he is required for any other offence under any other Act
|