G. M. SHAH versus STATE OF JAMMU & KASHMIR

G. M. SHAH versus STATE OF JAMMU & KASHMIR

The grounds mentioned for the detention did not fall within the statutory meaning of 'acting in any manner prejudicial to the security of the State'. The order of detention was made only with reference to 'public order', and the supporting grounds referred to both 'public order' and 'security of the State', rendering the detention order illegal.

Parties
Petitioner: G. M. Shah; Respondent: State of Jammu & Kashmir
Jurisdiction
India
Judgment Date
30 October 1979
Procedural Posture
Writ Petition Under Article 32 of the Constitution / Supreme Court Final Decision, Original Jurisdiction
Outcome
Petition allowed; detention order quashed.
Legal Topics
Public Safety Act, Preventive Detention, Law and Order, Public Order, Security of the State
Constitutional Law Preventive Detention Public Safety Act Law and Order Public Order Security of the State

Case Brief

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Parties

G. M. Shah

Petitioner

State of Jammu & Kashmir

Respondent

Procedural Posture

Writ Petition Under Article 32 of the Constitution / Supreme Court Final Decision, Original Jurisdiction

Legal Issues

  1. 1 Whether the grounds of detention under section 8(2) of the Jammu and Kashmir Public Safety Act, 1978, against the detenu are vague and fall within the definitions of 'public order' and 'security of the State'.
  2. 2 Whether the detention order can rely on both 'security of the State' and 'maintenance of public order' when the order specified only 'public order'.

Ratio Decidendi

The grounds mentioned for the detention did not fall within the statutory meaning of 'acting in any manner prejudicial to the security of the State'. The order of detention was made only with reference to 'public order', and the supporting grounds referred to both 'public order' and 'security of the State', rendering the detention order illegal.

Court Disposition

Petition allowed; detention order quashed.

Orders

  • The detenu Shabir Ahmed Shah is to be released forthwith.