SMT. SHASHI AGARWAL versus STATE OF U.P. & ORS.

SMT. SHASHI AGARWAL versus STATE OF U.P. & ORS.

In the absence of any credible material or cogent reasons apparent on record that the detenu, if released on bail, would act prejudicially to public order, the detention order cannot be justified merely on the ground of possibility of bail. The detention order is not sustainable solely on the detenu's attempt to secure release on bail.

Parties
Petitioner: Smt. Shashi Agarwal; Respondent: State of U.P. & Ors.
Jurisdiction
India
Judgment Date
12 January 1988
Procedural Posture
Writ Petition (criminal) / Original Jurisdiction
Outcome
Detention order quashed
Legal Topics
Preventive Detention, Bail, National Security Act
Constitutional Law Criminal Law Preventive Detention Bail National Security Act

Case Brief

Summary, issues, holding and outcome

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Parties

Smt. Shashi Agarwal

Petitioner

State of U.P. & Ors.

Respondent

Procedural Posture

Writ Petition (criminal) / Original Jurisdiction

Legal Issues

  1. 1 Whether a detention order under the National Security Act, 1980 can be justified solely on the ground that the detenu in custody is trying to obtain bail and there is likelihood of being bailed out, and apprehension of acting prejudicially to public order.

Ratio Decidendi

In the absence of any credible material or cogent reasons apparent on record that the detenu, if released on bail, would act prejudicially to public order, the detention order cannot be justified merely on the ground of possibility of bail. The detention order is not sustainable solely on the detenu's attempt to secure release on bail.

Court Disposition

Detention order quashed

Orders

  • The detenu be set at liberty forthwith.