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1988 Supreme(SC) 725

G.L.OZA, K.JAGANNATHA SHETTY
Angoori Devi For Ram Ratan – Appellant
Versus
Union Of India – Respondent


Advocates:
A.S.PUNDIR, A.Subhashini, ANIL KATIYAR, DALVIR BHANDARI, V.C.MAHAJAN

JUDGMENT

K. JAGANNATHA SHETTY, J.:— These two petitions under Art. 32 of the Constitution are for issue of a writ of Habeas Corpus for the release of Ram Ratan and Hawa Singh, who have been detained under S. 3(2) of the National Security Act of 1980.

2. Ram Ratan was a Head Constable and Hawa Singh was a Constable in the Security Unit of Delhi Police. While on duty, they were together said to have committed a cognizable offence under S. 392/34 of I.P.C. along with a member of the public.. Immediately thereafter they were arrested and placed on suspension. The Court, however, released them on bail. While the case was under investigation, the Commissioner of Police, Delhi (Mr. Vijay Karan) thought fit to detain them under the National Security Act. Accordingly, he made the orders which are impugned herein. Subsequently, they have been summarily dismissed from service under Art. 311(ii)(b) of the Constitution.

3. The principal contention urged for the petitioners relates to the oft-repeated question, - that the ground of detention has no nexus to the "public order", but purely a matter for "law and order".

4. In order to appreciate the contention urged in this regard, it will be necessar




























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