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1951 Supreme(SC) 75

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


Advocates:
H.J.Umrigar, JINDRA LAL, P.A.Mehta, S.M.Sikri

Judgment

Patanjali Sastri, C.J.I. - This is a petition under Art. 32 of the Constitution praying for the release of the petitioner from his alleged unlawful detention. We accepted the petition and, at the conclusion of the hearing, ordered the petitioner to be released. We now proceed to give the reasons for our order.

2. The petitioner was arrested and detained under an order dated 1-3-1950 made by the District Magistrate, Amritsar, under S. 3 (1), Preventive Detention Act, 1950 (hereafter referred to as "the Act ) and the grounds of detention were communicated to the petitioner as required by S. 7 of the Act on 15-3-1950. The petitioner challenged the validity of the order on various grounds, but, while the petition was pending after this Court issued a rule nisi to the respondent, the petitioner was served on 6th August with another detention order dated 30-7-1951 purporting to be made by the Governor of Punjab under sub-s. (1) of S. 3 and S. 4 of the Act as amended by the Preventive Detention (Amendment) Act, 1951, and he was served with fresh grounds of detention on 16-8-1951. Thereupon the petitioner filed a supplementary petition impugning the validity of the said order on the







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