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1990 Supreme(SC) 39

B.C.RAY, K.JAYACHANDRA REDDY
Abdul Sattar Abdul Kadar Shaikh – Appellant
Versus
Union Of India – Respondent


Advocates:
KAMINI JAISWAL, M.N.SHROFF, MAGANBHAI R.BAROT, RAM JETHMALANI

Judgment

JAYACHANDRA REDDY, J.-This is an application under Article 32 of the Constitution of India seeking a writ of habeas corpus. The petitioner has been detained under Section 3(1) of the Gujarat Prevention of Anti-Social Activities Act of 1985 by an order of detention dated May 10, 1989 passed by the Commissioner of Police, Surat City. The petitioner earlier had filed a similar Writ Petition No. 302 of 1989 in this Court, which was dismissed on September 29, 1989. The present writ petition is filed for the same relief but on the basis of some grounds which, according to the petitioner, were not urged in that writ petition. The learned counsel submits that the petitioner is not an enlightened person and is not conversant with his constitutional rights and earlier he was not aware of the existence of some relevant documents namely:

1. Copies of the FIRs pertaining to the offences registered against the petitioner under the Bombay Prohibition Act in the years 1988 and 1989.

2. Copies of the FIR pertaining to the offences registered against the petitioner under Sections 147, 148, 149, 324, 506(2) Indian Penal Code.

3. Copies of the bail applications filed by the petitioner in the cas













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