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1973 Supreme(SC) 320

M.H.BEG, A.K.MUKHERJEE, K.K.MATHEW
Prabhu Dayal Deorah: Raj Kumar Deorah – Appellant
Versus
District Magistrate, Kamrup – Respondent


Advocates:
D.N.MUKHERJI, DILIP K.HAZARIKA, J.P.BHATTACHARJI, N.R.CHAUDHARY, NAUNIT LAL, NIREN DEY, S.V.Gupta

Judgment

BEG. J:- The petitioners Prabhu Dayal Deorah and Raj Kumar Deorah, have filed separate petitions for Writs of Habeas Corpus and orders of release after investigating questions raised by them against their detention orders dated 25-7-1973 made following a Police raid on 25-7-1973 at the stores of the Deorah Flour and Rice Mills at Zoo Road, Gauhati. The identically worded orders of the District Magistrate, Kamrup against them state that the detaining authority is satisfied that, with a view to preventing them from acting in a manner prejudicial to the maintenance of supplies and services essential to the community in the Kamrup District, it is necessary that they be detained at Gauhati Jail with immediate effect until further orders. The orders mentioned that they are being passed under Section 3 (2) (a) of the Maintenance of Internal Security Act, 1971 (hereinafter referred to as the Act ). The orders also intimate that grounds of detention will be served on the detenus within five days.

2. On 30-7-1973, soon after each petitioner had surrendered in the Court of a Magistrate on that very date, the District Magistrate, Kamrup, sent the grounds of detention to each petitione

















































































































































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