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1992 Supreme(SC) 569

L.M.SHARMA, M.N.VENKATACHALIAH, S.MOHAN
David Patrick Ward – Appellant
Versus
Union Of India – Respondent


Advocates:
A.S.PUNDIR, A.Subhashini, AJAY K.AGRAWAL, Altaf Ahmed, H.S.SINDHU, INDIRA JAISINGH, KAMINI JAISWAL, Niranjana Singh

JUDGMENT

Venkatachala, J. - This is a joint Writ Petition under Article 32 of the Constitution filed by Mr. David Patrick Ward as Petitioner-1, Mr. Steven Hillman as petitioner-2, both being British Nationals, challenging the legality of the Detention Orders dated 31st January, 1992 made against them under sub-sections (1) and (2) of Section 3 of the National Security Act, 1980 (hereinafter referred to as the Act) and seeking their release forthwith by issuance of Writs of Habeas Corpus to Respondents: (1) the Union of India, (2) the State of Uttar Pradesh, (3) the State of Nagaland.

2. Detention order made against each petitioner discloses that it had been made by Nagaland State Government with a view to prevent the concerned petitioner from acting in any manner prejudicial to the defence of India, the relations of India with foreign powers, the security of India, the security of the State of Nagaland and maintenance of public order. The ground of detention pertaining to each detention order being common and in identical terms, reads:

"On 30th January, 1992 around 2030 hrs, four vehicles i.e. A/Car NLK-8701, A/Car NLH-6103, Tata truck NLH8093 and Maruti Gypsy NLH-1115 were moving





















































































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