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1983 Supreme(SC) 328

A.V.VARADARAJAN, D.A.DESAI, O.CHHINNAPPA REDDY
Kamlakar Prasad Chaturvedi – Appellant
Versus
State Of M. P. – Respondent


Advocates:
A.K.Sanghi, D.K.GARG, R.K.GARG, Ravindra Narayan

JUDGMENT

DESAI, J. (Minority view):- I have very carefully gone through the opinion prepared by my learned brother Varadarajan, J. But I regret my inability to agree with the same.

2. All the relevant facts and the grounds on which the order of detention was made, against the petitioner have been succinctly set out by my learned brother and therefore, it is not necessary to recapitulate them here. However, the only ground examined by my learned brother is that the order of detention is vitiated on account of taking into consideration grounds Nos. 1 and 2 which were stale and not proximate to the time when detention order was made and therefore, they are irrelevant, and would vitiate the order of detention, Grounds Nos. 1 and 2 relate to the events that occurred an March 20, 1978 and August 9, 1980. The order of detention is made on May 6, 1983. In between there are four other incidents involving the detenu dated July 13, 1982, July 26, 1982, September 8, 1982 and Jan. 10, 1983. The order of detention is grounded on the subjective satisfaction of the Detaining Authority that with a view, to preventing the detenu from acting in any manner prejudicial to the security of Satna City, it
























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