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1987 Supreme(SC) 150

V.KHALID, O.CHHINNAPPA REDDY
Abdul Latif Abdul Wahab Sheikh – Appellant
Versus
B. K. Jha – Respondent


Advocates:
A.K.SHARMA, K.M.M.Khan, M.N.SHROFF, RAM JETHMALANI, RANI JETHMALANI, T.U.Mehta

Judgment

CHINNAPPA REDDY, J.:- We grant special leave and proceed to hear the appeal.

2. The petitioner, Abdul Latif Wahab Sheikh, was in jail from November 12, 1985 onwards awaiting trial on a charge of murder. He was acquitted on May 26, 1986. Though acquitted, he was not straightway released from prison. The reasons are not clear to us from the record. Presumably he was required in connection with some other case. He was due for release from prison on June 23, 1986. On that day, however, an order for his detention was made under the provisions of the Gujarat Prevention of Anti-social Activities Act, 1985. The mandate of Art. 22(4) of the Constitution is that no law providing for preventing detention shall authorise the detention of a person for a longer period than three months unless an Advisory Board consisting of persons who are, or have been, or are qualified to be appointed as, Judges of a High Court, has reported before the expiration of the said period of three months that there is in its opinion sufficient cause for such detention. Section 10 of the Gujarat Prevention of Antisocial Activities Act, 1985 provides for the constitution of an Advisory Board, Sec. 11 provides fo









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