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1985 Supreme(SC) 429

S.MURTAZA FAZL ALI, RANGANATH MISRA
State of Rajasthan – Appellant
Versus
Shamher Singh – Respondent


JUDGMENT :

Ranganath Misra, J.

The respondent, an advocate, was ordered to be detained by the Government of Rajasthan under Section 3(2) of the National Security Act, 1980 (hereinafter referred to as the Act), on August 14, 1984, and he was actually taken into custody and detained on the following day. The grounds of detention were supplied to him when he was detained. Respondent challenged his detention before the Rajasthan High Court by filing two applications under Article 226 of the Constitution on several grounds. Both the writ applications were clubbed and heard together and disposed of by a common judgment. The High Court found that the representation of the detenu-respondent had not been placed before the Advisory Board within three weeks as required by Section 10 of the Act and such violation vitiated the continued detention of the respondent. It also found that the Advisory Board had not considered the documentary evidence produced by the detenu and the opinion formed by the Board that the respondent should be detained was, therefore, not an appropriate one. The court took the view that the materials in the record which had been considered by the Advisory Board in formulati

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