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1988 Supreme(SC) 714

M.N.VENKATACHALIAH, RANGANATH MISRA
Ayya Alias Ayub – Appellant
Versus
State Of U. P. – Respondent


Advocates:
A.Subhashini, DALVIR BHANDARI, H.K.PURI, R.K.GARG, R.S.M.VERMA, Rachana Joshi Issar, SHAKEEL AHMAD SYED, V.C.MAHAJAN, YOGESHAR PRASAD

JUDGMENT

VENKATACHALIAH, J.:— By this writ petition under Art. 32 of the Constitution, the detenu - Ayya alias Ayub, son of Babu Khan, residence No. 100, Khernagar, P.S. Delhi Gate, Meerut - challenges the order of detention dated 28-2-1988 passed by the district Magistrate, Meerut, ordering the detention of the petitioner under S. 3(2) of the National Security Act, 1980, on the said authoritys satisfaction that such detention is necessary with a view to preventing petitioner from acting in a manner prejudicial to the maintenance of the "public-order". At the time of the passing of the order, petitioner was already in judicial custody in connection with a criminal prosecution arising out of the incident referred to in one of the grounds of detention.

2. Section 3(2) of the Act provides, inter alia, that the Central Government or the State Government, may make an order with respect to any person for purposes of preventing him from acting in a manner prejudicial to the maintenance of the public-order. The subsection provides for detention on certain other grounds which are not germane to the present matter as the avowed object of the impugned detention is in relation to, and for the p
























































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