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1987 Supreme(SC) 582

A.P.SEN, B.C.RAY
Mohinuddin Alias Moin Master – Appellant
Versus
District Magistrate, Beed – Respondent


Advocates:
A.M.KHANWILKAR, A.S.BHASME, B.A.Masodkar, HARDEV SINGH, MADHU MULCHANDANI

Judgement

SEN, J. :- This appeal by special leave is directed against the judgment and order of the High Court of Bombay dated January 19, 1987 rejecting the petition under Art. 226 of the Constitution filed by the appellant in the High Court for grant of a writ of habeas corpus. The appellant has been placed under detention by the impugned order dated September 7, 1985 passed by the District Magistrate, Beed under S. 3(2) of the National Security Act, 1980 on his being satisfied that it was necessary to do so with a view to preventing him from acting in any manner prejudicial to the maintenance of public order. The appellant challenged the impugned order of detention on grounds inter alia that there was infraction of the constitutional safeguards enshrined in Art. 22(5) read with S. 8 of the Act inasmuch as there was inordinate, unexplained delay on the part of the detaining authority to consider and dispose of his representation.

2. On the view that we take, it is not necessary to deal with the facts elaborately. The material facts are these. The appellant was taken into custody on September 8, 1986 and was lodged at the Aurangabad Central Prison, Aurangabad where he is now detaine





















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