MANISH
judgment on Personal Liberty
MANISH KUMAR VATS 17 Apr 2020

Personal Liberty: Procedure Established by

 

 A.K.Gopalan VS. State of Madras ,[1950] SCR 88

•  The  petitioner, detained under the Preventive Detention Act challenged the legality of detention  under Art. 32 of the Constitution on the ground that the said Act contravened Arts. 13, 19, 21 and 22 of the Constitution and was, therefore, ultra vires.

 

•        The S.C. held- that Article 22 was a self-contained Code and if personal liberty is taken away by the State in accordance with the procedure established by law i.e. if the detention was as per the procedure established by law, then it cannot be said that the law was violate of provisions contained in Articles 14 ,19 and 21 of the Constitution.

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