SUNA ULLAH BUTT versus STATE OF JAMMU & KASHMIR & ORS.

SUNA ULLAH BUTT versus STATE OF JAMMU & KASHMIR & ORS.

The Supreme Court held that section 12 of the Jammu & Kashmir Preventive Detention Act, 1964 does not require the State Government to specify the period of detention when confirming the detention order, and that the continued detention is subject to the maximum period prescribed by the Act. Lack of specification does not vitiate the detention.

Parties
Petitioner: Suna Ullah Butt; Respondent: State of Jammu & Kashmir & Ors.; Respondent: R. N. Sachthey
Jurisdiction
India
Judgment Date
16 August 1972
Procedural Posture
Writ Petition / Final Disposition
Outcome
petition dismissed
Legal Topics
Preventive Detention, Habeas Corpus, Fundamental Rights
Constitutional Law Criminal Law Preventive Detention Habeas Corpus Fundamental Rights

Case Brief

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Parties

Suna Ullah Butt

Petitioner

State of Jammu & Kashmir & Ors.

Respondent

R. N. Sachthey

Respondent

Procedural Posture

Writ Petition / Final Disposition

Legal Issues

  1. 1 Whether an order of preventive detention under Jammu & Kashmir Preventive Detention Act, 1964 must specify the period of detention.
  2. 2 Whether lack of such specification vitiates detention.
  3. 3 Whether detention order can be made against a person already in custody.

Ratio Decidendi

The Supreme Court held that section 12 of the Jammu & Kashmir Preventive Detention Act, 1964 does not require the State Government to specify the period of detention when confirming the detention order, and that the continued detention is subject to the maximum period prescribed by the Act. Lack of specification does not vitiate the detention.

Court Disposition

petition dismissed