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1982 Supreme(SC) 124

O.CHHINNAPPA REDDY
Kailash Pandey – Appellant
Versus
State Of U. P. – Respondent


Judgment

CHINNAPPA REDDY, J.:- Kailash Pandey alias Ram Kailash is detained under the provisions of the National Security Act pursuant to an order made by the District Magistrate of Pratapgarh. The detention is challenged in this petition under Article 32 of the Constitution on various grounds. I do not consider it necessary to set out the several grounds of challenge, as I am satisfied that the detenu is entitled to succeed on the principal ground urged on his behalf by Shri Anil Kumar Gupta, his learned Counsel.

2. Each of the six grounds of detention mentioned in the "grounds given under Section 8 of the National Security Act, 1980" refers to a different incident based upon the confessional statements of one or other of the accused persons, involved in those incidents. The grounds are based upon the confessional statements. The confessional statements are the very core of the grounds. Yet copies of those statements were not furnished to the detenu along with the grounds of detention. Thereby the detenu was denied the opportunity of making a proper and adequate representation. In the writ petition, the detenu made an express complaint in the following words:

"It is submitted that t






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