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1969 Supreme(SC) 52

V.RAMASWAMI, A.N.GROVER, J.C.SHAH
Sampat Prakash – Appellant
Versus
State Of J & K – Respondent


Advocates:
M.K.RAMAMURTHY, R.GOPAL KRISHNAN, R.N.SACH, SHYAMALA PAPPU, VINIT KUMAR

Judgement

SHAH, J.: On March 16, 1968 the petitioner was arrested and ordered to be detained under S. 3 (1) (a) (i) of the Jammu and Kashmir Preventive Detention Act 13 of 1964. On March 26, 1968, he was served with the grounds of detention. On May 3, 1968, the petitioner moved a petition for a writ of habeas corpus in this Court. The petition was rejected by this Court on October 10, 1968. In the meanwhile the order dated March 16, 1968, was revoked on September 16, 1968, and another order was served upon the petitioner on the same day. On September 24, 1968, he was served with the grounds of detention for the fresh order, and his case was referred to the Advisory Board on October 26, 1968. On October 30, 1968, the Advisory Board recommended that the petitioner be detained. The petitioner then moved this petition on November 11, 1968 for a writ of habeas corpus.

2. Two contentions in the nature of preliminary objections were raised in support of the petition. It was urged that (1) the petitioner was, in spite of a specific request, denied a personal hearing before the Advisory Board, and (2) that the Chief Minister who was in charge of the portfolio relating to preventive detention


































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