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1983 Supreme(Gau) 16

B.L.HANSARIA, T.N.SINGH
R. LALLAWAMA – Appellant
Versus
DISTRICT MAGISTRATE, LUNGLEI, MIZORAM – Respondent


JUDGEMENT

Hansaria, J.:- Every detention without a trial almost puts the Court itself on trial when it is approached for redress. On the one hand it has to guard the cherished liberty of the individual, and on the other it has to see to the smooth functioning of the social order. When anything puts in jeopardy the security of the State, the Court has to approach the matter with still greater care and circumspection.

2. The present is a case where the petitioner was detained to prevent him from engaging in activities which are prejudicial to the security of the State. The impugned order was passed on 21-7-1982 and it came to be served on the same day along with the grounds leading to the above subjective satisfaction. We may set out the grounds. These read :-

"(1) That you are the leading supporter of the unlawful MNF Organisation in Theiriat Village and have been actively harbouring and providing shelter to outlawed MNF elements for the furtherance of the organisation which has been aiming at and working for the secession of Mizoram from India.

(2) That your such activities have been disturbing public order and endangering the security of the State of Mizoram will be evident from the f






















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