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1982 Supreme(SC) 133

A.V.VARADARAJAN, D.A.DESAI, BAHARUL ISLAM
Bimla Dewan – Appellant
Versus
Lieutenant-governor Of Delhi – Respondent


Advocates:
Harjinder Singh, K.K.Sud, O.P.RANA, R.N.Poddar, RAM JETHMALANI, RANI JETHMALANI

JUDGMENT

VARADARAJAN, J.:— On 31st Mar. 1982, after hearing learned counsel for both the parties, we quashed the order of detention in this case, observing that our reasons will follow. We proceed to give the reasons.

2. This Writ petition under Art. 32 of the Constitution of India is by Smt. Bimla Dewan, wife of the detenu Shri Dev Raj Dewan, resident of House No. 53, Gadodia Road, 146/2 Than Singh Nagar, Anand, Parbat, Delhi, for, quashing the order of detention dated 25-9-1981 issued by the Commissioner of Police, Delhi under Sec. 3. (2) of the National Security Act, 1980. The detenu was detained from 26-9-1981. The order of detention is said to have been approved by the respondent, Lieutenant Governor, Delhi, by order dated 1-10-1981 under S., 3 (4) of the Act. The detenu had been detained in the Central Jail, Tihar, New Delhi.

3. It is alleged in the petition that the detenu is a social worker, who is in active politics, and had contested the Municipal Elections of the Municipal Corporation of Delhi from the Anand Parbat constituency in 1977 and was defeated by a Congress-I candidate by a narrow margin of 360 votes, and due to Political rivalry he has been involved from time to











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