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Home > Know Your Rights > Right against Arrest and Detention
FAQ's | Landmark Judgements | Legal Frameworks

Landmark Judgments

·  In the case of Gopalan Vs. the State of Madras , the First Preventive Detention Act was challenged before the Supreme Court. The Court upheld the Act except section 14 of the Act which was unanimously declared invalid. The invalidity of this section, however, did not affect the rest of the Act as it could be severed from the remaining provisions.

 

·  In Shaheen Welfare Association Vs. Union of India and others , the court while delivering its judgment said that:

In spite of such review, from the figures which we have cited above, it is clear that there is very little prospect of a speedy trial of cases under TADA in some of the States because of the absence of an adequate number of Designated Courts even in cases where a chargesheet has been filed and the cases are ready for trial.. But when the release of under-trials on bail is severely restricted as in the case of TADA by virtue of the provisions of Section 20 (8) of TADA, it becomes necessary that the trial does proceed and conclude within reasonable time. Where this is not practical, release on bail which can be taken to be embedded in the right of a speedy trial may, in some cases, be necessary to meet the requirements of Article 22.”

 
 
 
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