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1980 Supreme(Kar) 199

M.S.PATIL
ISMAT SARA – Appellant
Versus
STATE OF KARNATAKA – Respondent


( 1 ) IN this revision, the report and findings of the Magisterial Inquiry held by the District magistrate, Bangalore, in pursuance of the Government letter No. HD 112 SPD 77 dated 28-5-77 into the cause of death of one Sri Syed Abdul Salam, are sought to be challenged.

( 2 ) THE petitioner is the wife of late Syed Abdul Salam, residing at No. 9/2a, Lalbag Road, bangalore. The deceased-Salam, who was aged about 43 years at the time of his death, is said to have been an active worker of Jamait-e-Islami Organisation. He was first arrested on 4-7-75 in connection with an offence under Defence of India Rules, and enlarged on bail on 21-7-75. Though, the criminal case against him under the Defence of India Rules ended in acquittal on 29-12-1975, but before that on 12-11-1975, he was again taken into custody under the Maintenance of internal Security Act, 1971, as amended by the Maintenance of Internal Security (Amendment) act, 1975 (hereinafter referred to as 'the Act') and under the orders of detention issued by the commissioner of Police under sub-clause (2) of Clause A of sub-section (1) of Section 3 of the act, he was detained in Central Jail, Bangalore. The said order of detention










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