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1983 Supreme(SC) 331

R.B.MISRA, V.BALAKRISHNA ERADI
Rajsuddin Alias Babu Tamchi – Appellant
Versus
State Of U. P. – Respondent


Advocates:
D.Bhandari, M.Qamaruddin, O.P.MALHOTRA, RIZVAN A.HAFIEZ

JUDGMENT

BALAKRISHNA ERADI, J.:—Taking into consideration the fact that this is a petition for a writ of Habeas Corpus filed under Article 32 of the Constitution of India challenging the legality of the preventive detention of the petitioner under the provisions of the National Security Act 1980 and the consequent urgency of the matter, as soon as the hearing of arguments in the case were completed, we announced the conclusion reached by us by passing the following order :

"After hearing counsel, appearing on both sides, we have come to the conclusion that the order of detention impugned in this writ petition does not call for any interference. The Writ Petition is accordingly dismissed. Detailed reasons will follow."

We now proceed to state the reasons that weighed with us in reaching the aforesaid conclusion.

2. By an order dated November 6, 1982, passed by the District Magistrate, Moradabad, in exercise of the powers conferred under Section 3, sub-section (3) of the National Security Act, 1980 hereinafter called the Act - the petitioner, Shri Raisuddin alias Babu Tamchi was ordered to be arrested by the Senior Superintendent of Police and to be detained in the District Jail, Morada








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