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1989 Supreme(SC) 321

B.C.RAY, S.R.PANDIAN
Rama Dhondu Borade – Appellant
Versus
V. K. Saraf, Commissioner Of Police – Respondent


Advocates:
A.M.KHANWILKAR, A.S.BHASME, A.Subhashini, Avadhut M.Chimalker, DIPAK M.NARGOLKAR, R.B.THAKER, T.C.SHARMA

JUDGMENT

S. RATNAVEL PANDIAN, J. :— Rule nisi in the writ petition and leave granted in the special leave petition.

2. Both this writ petition and the criminal appeal are preferred by one Rama Dhondu Borade - the detenu herein challenging the legality and validity of the Order of detention passed by the Commissioner of Police, Greater Bombay in exercise of the powers conferred by sub-section (2) of Section 3 of the National Security Act 1980 (Central Act 56 of 1980) (hereinafter referred as the Act) read with clause 4 of the National Security (Conditions of Detention) (Maharashtra) Order, 1980 with a view to preventing the detenu from indulging in activities that are prejudicial to the maintenance of public order in Greater Bombay.

3. In pursuance of the impugned order the detenu is detained in the Central Prison, Nasik from 31-8-88. He has been furnished with the copies of the grounds of detention and other materials on the basis of which the detaining authority drew his subjective satisfaction. In the grounds of detention the detenu is stated to have been involved in three incidents, they being :

1) On 9-4-1988 at about 11.30 p.m. the detenu and his associate Sunil attacked one La


































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