Bombay High Court
Sunil Kishore Patil
Versus
Satish Sahney and others
Decided On:

Headnote:Section 3-Subjective Satisfaction.

       Detention order has to be passed on the subjective satisfaction of the detaining authority. The subjective satisfaction of the authority is not subject to judicial scrutiny unless it could be said that all the material produced by the detaining authority, ever if believed, will not make out a case of breach of public order or the finding of the detaining authority is otherwise perverse, the sufficiency or otherwise of materia cannot be gone into by a Court in a Writ petition under Article 226 of the Constitution of India.

       Section 3-Representation received by the Government of 13.9.1995-Received Police report on 18.9.1995-Final report by Commissioner of Police on 27.9.1995 and rejection by Government on 6.10.1995-Held-their is no delay in considering the representation.

       Section 3-Detalning authority not disclosing about representation h be made to It by the detenu-Order of detention does not become illegal for this omission.

       For Citation : 1996(3) All MR 426 (Bom)