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2001 Supreme(SC) 913

D.P.MOHAPATRA, RUMA PAL
Union Of India – Appellant
Versus
Manish Bahal – Respondent


JUDGMENT

D.P. Mohapatra, J.-Leave granted.

2. The Union of India through the Secretary, Ministry of Home Affairs, the Lt. Governor of NCT of Delhi, the Commissioner of Police, Delhi and the Superintendent, Central Jail, Tihar, have filed this appeal assailing the judgment of the Delhi High Court dated 14th December, 1999 in Criminal Writ Petition No. 809 of 1999 quashing the order of detention under Section 3(2) of the National Security Act, 1980 (hereinafter referred to as the Act ) and directing immediate release of the respondent unless required in connection with any other case. As appears from the impugned judgment the order of detention has been quashed by the High Court solely on the ground that the Lt. Governor of Delhi rejected the representation of the detenu-respondent taking into consideration the report submitted by the Advisory Board and therefore, did not consider the representation independently.

3. The Commissioner of Police, Delhi vide order dated 17.5.1999 ordered the detention of the respondent under Section 3(2) of the Act with a view to prevent him from indulging in activities prejudicially affecting the public order. The said order of detention was approved by




























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