YOGENDRA MURARI versus STATE OF U.P.

YOGENDRA MURARI versus STATE OF U.P.

The detention order was valid as delay was satisfactorily explained by circumstances of the petitioner being in custody awaiting bail, public order disturbance justified referring to all incidents, individual roles justified detention of petitioner only, no procedural lapses were found, and the Central Government duly considered the representation.

Parties
Petitioner: Yogendra Murari; Respondent: State of U.P.
Jurisdiction
India
Judgment Date
08 August 1988
Procedural Posture
Writ Petition (criminal) / Final Disposition by Supreme Court
Outcome
Petition dismissed
Legal Topics
Detention Under National Security Act, Delay in Passing Detention Order, Discrimination in Detention, Procedural Safeguards, Bail and Preventive Detention
Constitutional Law Criminal Law Preventive Detention Detention Under National Security Act Delay in Passing Detention Order Discrimination in Detention Procedural Safeguards Bail and Preventive Detention

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Parties

Yogendra Murari

Petitioner

State of U.P.

Respondent

Procedural Posture

Writ Petition (criminal) / Final Disposition by Supreme Court

Legal Issues

  1. 1 Whether the detention order under Section 3(2) National Security Act is invalid due to delay
  2. 2 Whether reference to earlier incidents not linked to public order vitiates the detention order
  3. 3 Whether detention was made solely to frustrate bail

Ratio Decidendi

The detention order was valid as delay was satisfactorily explained by circumstances of the petitioner being in custody awaiting bail, public order disturbance justified referring to all incidents, individual roles justified detention of petitioner only, no procedural lapses were found, and the Central Government duly considered the representation.

Court Disposition

Petition dismissed

Orders

  • Writ application dismissed; detention order upheld.