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1972 Supreme(SC) 325

K.K.MATHEW, P.JAGANMOHAN REDDY
Niranjansingh – Appellant
Versus
State Of M. P. – Respondent


Advocates:
I.M.SHROFF, R.K.GARG, R.P.KAPUR

Judgment

P. JAGANMOHAN REDDY, J.:- By this application under Art. 32 of the Constitution, the petitioner challenges his detention under S.2-A of the Madhya Pradesh Public Security (Amendment) Act of 1970 (hereinafter called the Act ). The District Magistrate of Gwalior by his order dated May 26, 1971 under the said Act thought it necessary to detain the petitioner with a view to preventing him from acting in any manner prejudicial to the maintenance of public order. The grounds on which the detention was sought to be justified were dated the same day and appear to have been served on the detenu, though it is not apparent on what date those grounds were served on him. As he was informed by the Government that he has a right to make a representation within a period of 30 days, the petitioner says that he submitted his representation to the State Government on June 19, 1971 but here again there is nothing to show from the counter-affidavit of the respondent as to when that representation was received or on what date it was considered and rejected. The petitioner, however, alleges that his representation was dismissed on August 17, 1971 by the Governor of Madhya Pradesh relying on the










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