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1952 Supreme(SC) 5

M. C. MAHAJAN, B. K. MUKHERJEE, N. CHANDRASHEKAR AIYAR, S. R. DASS, M. PATANJALI SASTRI
Naranjan Singh Nathawan – Appellant
Versus
State Of Punjab – Respondent


Advocates:
A.S.R.CHARI, CHARAN SINGH, JINDRA LAL, P.A.Mehta, RAGHBIR SINGH GUPTA, S.M.Sikri

Judgment

Patanjali Sastri, C.J.I.- This is a petition under Art. 32 of the Constitution submitted through the Superintendent, Central Jail, Ambala, for the issue of a writ of habeas corpus for the release of the petitioner from custody.

2. On 5-7-1950, the petitioner was arrested and detained under an order of the District Magistrate of Amritsar in exercise of the powers conferred on him under S. 3, Preventive Detention Act, 1950, and the grounds of his detention were served on him as required by S. 7 of the Act on 10-7-1950. The Act having been amended by the Preventive Detention (Amendment) Act, 1951, with effect from 22-2-1951, a fresh order No. 7853 - ADSB, dated 17-5-1951 was issued in the following terms :

Whereas the Governor of Punjab is satisfied with respect to the person known as Naranjan Singh Nathawan, s/o. Lehna Singh of village Chak Sikandar, P. S. Ramdas, Amritsar District, that with a view to preventing him from acting in a manner prejudicial to the security of the State, it is necessary to make the following order : Now, therefore, in exercise of the powers conferred by sub-s. (1) of S. 3 and S. 4 of the Preventive Detention Act 1950 as amended by the Preventive Dete

















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