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1973 Supreme(Ker) 120

P.GOVINDA NAIR, GEORGE VADAKKEL
R. P. GOYAL AND DHILIP KUMAR K. MEHTA – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. These are petitions under Art.226 and 227 of the Constitution of India for the issue of writs of habeas corpus or other directions or orders commanding the release of Sri Rambilas Gokulka of M/s. Suresh Kumar Rajendra Kumar, a firm carrying trade in food grains in Mattancherry town (O. P. No. 1977 of 1973), and of Sri K. R. Mehta, a partner of M/s. C. K. N. Mehta and Company, dealing in food grains in Cochin (O.P. No. 1978 of 1973), on the ground that Art.22(5) of the Constitution has been infringed in ordering their detention under S.3(1)(a)(iii) of the Maintenance of Internal Security Act, 1971 (hereinafter referred to as the Act) by Ext. P2 order in each of the original petitions mentioned above. There are also prayers in the petitions for quashing Exts. P2 and P3 in each of these cases by the issue of writs of certiorari or other directions or orders.

2. Ext. P2 in each of these cases is an order of the 2nd respondent, the Additional District Magistrate and the District Collector, Ernakulam. S.3(1)(a)(iii) of the Act is in these terms:

"3. Power to make orders detaining certain persons. (1) The Central Government or the State Government may,

(a) if satisfied with re









































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