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1984 Supreme(SC) 110

O.CHHINNAPPA REDDY, E.S.VENKATARAMIAH, A.P.SEN
Vijay Narain Singh – Appellant
Versus
State Of Bihar – Respondent


Advocates:
R.K.GARG, S.N.JHA, U.S.Prasad

JUDGMENT

CHINNAPPA REDDY, J.:— I entirely agree with my brother Venkataramiah, J. both on the question of interpretation of the provisions of the Bihar Control of Crimes Act, 1981 and on the question the effect of the order of grant of bail the criminal proceeding arising out of the incident constituting one of the grounds of detention. It is really unnecessary for me to add anything to what has been said by Venkataramiah, J. but my brother Sen, J. has taken a different view and out of respect to him, I propose to add a few lines. I am unable to agree with my brother Sen, J. on several of the views expressed by him in his dissent. In particular, I do not agree with the view that those who are responsible for the national security or for the maintenance of public order must be the sole judges of what the national security or public order requires. It is too perilous a proposition. Our Constitution does not give a carte blanche to any organ of the State to be the sole arbiter in such matters. Preventive detention is considered so treacherous and such an anathema to civilized thought and democratic polity that safeguards against undue exercise of the power to detain without trial, hav





















































































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