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2000 Supreme(Kar) 295

ASHOK BHAN, V.G.SABHAHIT
R. LATHA – Appellant
Versus
T. MADIYAL, COMMISSIONER OF POLICE, BANGALORE CITY – Respondent


Advocates:
KIRAN S.JAVALI, MOHAN SHANTANA GOUDAR

V. G. SABHAHIT, J.

( 1 ) THIS is a petition under article 226 of the Constitution of India seeking for a writ in the nature of habeas corpus declaring the detention of naga alias nagaraja alias huccha nagaraja alias makali naga by order No. 103 mag (3) dtn 99, dated 17-12-1999 (Annexure-A) and confirmed by respondent 2 by order bearing No. Hd 390 sst 99, dated 28-12-1999 and further confirmed in hd 390 sst 99, dated 10-2-2000 (Annexure-D) as illegal and void ab initio.

( 2 ) IT is averred in the petition that petitioner is the wife of the detenu, she has filed the petition as she is concerned with the personal liberty of the detenu. The detention order is illegal and detenu has been falsely implicated in pursuance to false cases foisted against him. It is averred that the order of detention is illegal as the detenu has not been purportedly furnished the grounds of detention, order of detention and material relied upon in passing the detention order as required under article 22 of the Constitution of india. The grounds of detention furnished to the detenu is produced as annexure-b. It is averred inter alia that the order of detention is vitiated for the reason that the bail applicat












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