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1989 Supreme(SC) 447

B.C.RAY, SABYASACHI MUKHARJEE
Shafiq Ahmad – Appellant
Versus
District Magistrate, Meerut – Respondent


Advocates:
A.Subhashini, ANIL DEV SINGH, Anil Malik, C.P.Mittal, D.Bhandari, KITTY KUMARAMANGALAM, YOGESHAR PRASAD

Judgment

SABYASACHI MUKHARJ1, J.:-- This petition under Art. 32 of the Constitution challenges the detention of the petitioner - a detenu, under S, 3(2) of the National Security Act, 1980 (hereinafter called the Act). The petitioner is a bachelor. He does not own any property. The order for detention under S. 3(2) of the Act was passed on April 15, 1988 by the District Magistrate, Meerut. In the grounds of detention it is stated that on the night of 2/3rd April, 1988 which was an occasion of "Shabberat" festival, a muslim festival, the religious celebration was going on at Gudri Chaupala. At about 11 p,m. in the night on that day, a cow belonging to the muslims of Ismail Nagar came from Sabun Garan towards Choupal Gudri and was going towards Ismail Nagar and, according to the order of detention, some undesirable elements present there did not allow the cow to go on the right way and she again came towards Chaupala Gudri, and was made to run avoiding the crowd towards Nakkar Chain but near the shop of Haj Dhola, some undesirable elements stopped the cow and poked a wood piece on her back. Due to this the cow started pumping and himping and ran inside the celebration. It is stated tha










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