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1974 Supreme(SC) 372

Y.V.CHANDRACHUD, P.N.BHAGWATI
Ram Bahadur Rai – Appellant
Versus
State Of Bihar – Respondent


Judgment

CHANDRACHUD, J.:- These proceedings for the writ of habeas corpus are directed against an order passed by the District Magistrate, Patna, on April 9, 1974 in the exercise of powers conferred by Section 3 (1) (a) (ii) of the Maintenance of Internal Security Act, 26 of 1971. The District Magistrate directed by the aforesaid order that the petitioner, who is a student leader, be detained with a view to preventing him from acting in any manner prejudicial to the maintenance of public order.

2. The Grounds of detention were served on the petitioner on April 13, 1974. They read thus :

"1. Whereas the said, Shri Ram Bahadur Rai, in his capacity as Secretary of All India Vidyarthi Parishad, attended a meeting of the Bihar Rajya Chhatra Neta Sammelan held on the 17th and 18th February, 1974, in Patna University campus, in which from amongst other things, it was decided, at his instance, to start a Gujarat type of agitation in Bihar, and whereas in the same meeting it was also decided to resort to hunger strike and gherao of the office of the Chief Minister, Bihar, District Magistrate, Patna and other officials.

2. Whereas a meeting of the Students Steering Committee was held on the 1
































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