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1989 Supreme(SC) 474

K.N.SAIKIA, M.M.DUTT
Bimla Rani – Appellant
Versus
Union Of India – Respondent


Advocates:
A.Subhashini, B.DUTTA, DALVIR BHANDARI, MIRA CHHABRA, Rachana Joshi Issar, RACHNA GUPTA, RANI CHHABRA, SUCHARITA MUKHERJI, U.R.Lalit, YOGESHAR PRASAD

JUDGMENT

M.M. Dutt, J. - In this writ petition under Article 32 of the Constitution of India the mother of the detenu, Shri Praveen Kumar Gupta, has prayed for the quashing of the detention order of her son dated May 6, 1989 passed under subsection (2) read with sub-section (3) of Section 3 of the National Security Act, 1980, as confirmed by the order dated May 11, 1989 of the State of U.P. on the report of the Advisory Board. There is also a prayer for issuance of an appropriate writ in the nature of habeas corpus directing the respondents to release the said Praveen Kumar Gupta forthwith.

2. The grounds of detention as communicated to the detenu by the District Magistrate, Meerut, are as follows:

"That on 30-4-1989 at about 9.15 p.m. at Delhi Road, Kesarganj, P.S. Delhi Gate, Meerut you along with your other accomplice with the common intention to kill Babli showing your wrath gave him a gun injury and also threatened to give gun shot to those persons who came in his rescue. On the basis of information given by Mohd Bhura a Crime Case No 121 was registered against you under Section 307 of the Indian Penal Code in P.S. Delhi Gate, Meerut, which is pending. By your above misdeed fear





















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