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1996 Supreme(SC) 1731

SUJATA V.MANOHAR, K.RAMASWAMY, G.B.PATTANAIK
State Of Rajasthan – Appellant
Versus
Talib Khan: Peeru Ram Singh, Another – Respondent


ORDER

Pursuant to the order of this Court dated August 21, 1987 doubting the correctness of Ibrahim Ahmad Batti v. State of Gujarat & Ors.1, the case has been referred to this Bench.

2. These appeals by special leave arise from the Division Bench judgment of the High Court of Rajasthan at Jodhpur in Writ Petition Nos. 831/87 and batch.

3. The facts are that the respondents were detained under Section 3(1) of the National Security Act, 1980 (for short, the Act ), by proceedings of the District Magistrate, Jaisalmer dated January 7, 1987. The exceptional circumstances were recorded on January 11, 1987 for non-supply of the grounds and documents to the detenu. The grounds of detention with the material were supplied on January 16, 1987. The detenu made his representation on January 20, 1987 to the State Government which was rejected on February 2, 1987. He made a representation to the Advisory Board on February 9, 1987 and it was considered and rejected on February 19, 1987. The State Government confirmed the order of detention on March 13, 1987 for a period of one year w.e.f. January 7, 1987. When the orders of detention were challenged, primarily on the ground that the exceptional cir












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