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1987 Supreme(SC) 869

A.P.SEN, L.M.SHARMA
Haji Mohd. Akhlaq – Appellant
Versus
District Magistrate – Respondent


(1) BY this petition under Article 32 of the Constitution, the petitioner challenges the validity of his continued detention under an order passed by respondent 1 the District Magistrate. Meerut dated 21/07/1987 under S. 3(2 of the National Security Act, 1980, on being satisfied that it was necessary to do so to prevent him from his prejudicial activities affecting maintenance of public order.

(2) ON the view that we take, it is not necessary to deal with the contention as to whether the impugned order pertains to maintenance of public order or merely relates to law and order. While the petitioner was detained in central Jail, Meerut, he handed over a representation addressed to the State government of Uttar Pradesh, to the Jail Superintendent with an endorsement forwarding a copy thereof to the secretary to the government of India, Ministry of Home Affairs (Internal Security Section), North Block, New Delhi. The writ petition was filed in this court on September 7, 198-7 question- ing the validity of the impugned order on various grounds. It has been averred in paragraph 12 that the said representation to the State Government with the request that a copy thereof be


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