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1952 Supreme(SC) 25

B. K. MUKHERJEE, M. C. MAHAJAN, M. PATANJALI SASTRI, N. CHANDRASHEKAR AIYAR, S. R. DASS
Dattatraya Moreshwar – Appellant
Versus
State Of Bombay – Respondent


Advocates:
BAVA SHIV CHARAN SINGH, JINDRA LAL, M.C.SETALVAD, P.A.Mehta

Judgment

S. R. DAS, J. - This is an application under Art. 32 of the Constitution for the issue of a writ in the nature of habeas corpus and for the immediate release of the petitioner who is alleged to have been kept in illegal detention in Baroda Central Prison.

2. On February 15, 1951, the petitioner was arrested under an order made on February 13, 1951, by the then District Magistrate, Surat, in exercise of powers conferred on him by the Preventive Detention Act, 1950. A copy of the said order was served on the petitioner at the time of his arrest. On the same date grounds of detention were served on the petitioner as required by S. 7 of the Act. It was specifically mentioned in the grounds that it was not in the public interest to disclose further facts. The petitioner moved the High Court of Bombay under Art. 226 of the Constitution complaining that his detention was illegal and praying that he should be forthwith released. In that application one of the points urged was that the grounds in support of the detention were false, vague and fantastic and that the detention order was made in bad faith.

Two affidavits were filed on behalf of the State in support of the detention ord




















































































































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