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1989 Supreme(SC) 640

B.C.RAY, V.RAMASWAMI
Anandprakash – Appellant
Versus
State Of U. P. – Respondent


Advocates:
DALVIR BHANDARI, P.K.CHATTERJI, PRASHANT CHAUDHARY, Prithvi Raj, R.P.GUPTA

JUDGMENT

V. RAMASWAMI, J.:- This writ petition has been filed under Art. 32 of the Constitution praying for the issue of a writ of Certiorari to quash the order of detention dated 3-5-1989 passed by the District/ Magistrate, Farrukhabad, U. P. as confirmed by the Government of U.P. in their order dated 20-6-1989 detaining one Lakhmi Chand Gupta under the National Security Act and to issue a writ of habeas corpus releasing the said detenu from such detention. The order of detention was made under S. 8 of the National Security Act, 1980 by the District Magistrate on the ground that with a view to prevent the detenu from indulging in unlawful activities which are prejudicial to the maintenance of essential services and supplies required for public life it was necessary to keep him under detention. The detenu made his representation to the Advisory Board. On receipt of the report of the Advisory Board to the effect that in its opinion there are sufficient grounds for detention, the Government after a consideration of the report confirmed the order of detention under S. 12(1) of the Act and directed that the said Lakhmi Chand Gupta be detained for a period of 12 months from 3-5-1989 the


























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