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1967 Supreme(SC) 188

V.BHARGAVA
Avtar Singh – Appellant
Versus
State Of J & K – Respondent


Advocates:
Nuruddin Ahmed, R.H.Dhebar, R.V.S.Mani, S.P.NAIR, SHAKUT HUSSAIN

Judgment

BHARGAVA, J. : These five writ petitions raise identical question and, having been heard together, are decided by this single judgment. For the sake of convenience, the facts of one case, in which the arguments were first advanced, may be stated. That case is of Ghulam Ahmad, petitioner in Writ Petition No. 79 of 1967. This petitioner was arrested on the 10th March 1966 and an order for his detention under R. 30 (1) (b) of the Defence of India Rules 1962 was made on the 11th March 1966. Thereafter, on two subsequent occasions, the detention order was reviewed under R. 30-A (9) of the said Rules and on the basis of these reviews, orders were passed continuing the detention. The present petition challenging this detention was moved in this Court on 18th April 1967. The main ground for challenge was that the orders of review under R. 30-A (9) were not valid, as those orders were made without giving an opportunity to the petitioner of rendering an explanation or other materials and the orders passed did not indicate the reasons for the Government arriving at the decision that it was necessary to continue the detention of this petitioner. Clearly, in accordance with the decision

















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