[1] Communist leader A.K Gopalan had been under detention since December 1947, since his sentencing under ordinary criminal law.

On 1 March 1950, while he was in Madras jail, Gopalan was served with an order made under Section 3(1) of the Preventive Detention Act, 1950.

The provision allows the Central Government or the State Government to detain anyone in order to prevent them from acting in any manner prejudicial to the national defense, foreign relations, national security, state security, public order, or the maintenance of essential supplies and services.

[2] Gopalan filed a petition under Article 32 of the Constitution of India for a writ of habeas corpus against his detention.

The majority held that Section 14 of the Act, which restricted disclosure of the grounds of detention, was unconstitutional.