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1981 Supreme(SC) 439

A.P.SEN, BAHARUL ISLAM
Rahamatullah – Appellant
Versus
State Of Bihar – Respondent


Advocates:
D.GOVERDHAN CHARY, K.G.Bhagat, R.K.GARG, SUNIL KUMAR JAIN, V.J.Francis

Judgment

BAHARUL ISLAM, J.:- This is a writ petition under Art. 32 of the Constitution by the petitioner who has been detained under S. 3 (2) of the National Security Act, 1980 (hereinafter "the Act"). The facts material for the purpose of disposal of this petition and not disputed before us may be stated thus:

The order of detention was passed by the District-Magistrate, Dhanbad, Bihar on April 30, 1981. The grounds of detention which were three in number were served on the petitioner on May 1, 1981 and the State Government approved the order of detention on May 7, 1981. In pursuance of S. 10 of the Act, the State Government referred the matter to the Advisory Board constituted under the Act on May 19. The petitioner submitted his representation against his detention on May 31, 1981. A copy of the representation was sent to the Advisory Board. The Advisory Board by its report dated June 29, 1981 gave its opinion that there was sufficient ground for the detention of the petitioner and on receipt of the report, the State Govt. in pursuance of the provisions of sub-sec. (1) of S. 12 of the Act confirmed the detention of the petitioner and under S. 13 of the Act directed the detention o











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