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2017 Supreme(Raj) 420

MOHAMMAD RAFIQ, KAILASH CHANDRA SHARMA
Ishika – Appellant
Versus
State of Rajasthan Through the Chief Secretary – Respondent


Advocates Appeared:
For the Petitioner: Dr. Mithlesh Kumar
For the Respondent:Mr. B.N. Sandu, Additional Advocate General

JUDGMENT :

Mohammad Rafiq, J.

1. This habeas corpus petition has been preferred by Ishika, aged six years, Neha, aged four years, and Veer, aged two years, through their mother Manju Devi, praying for issuance of a writ of habeas corpus for release of their father Vishram Gurjar, who has been placed under preventive detention vide order dated 20.09.2016 passed by the Executive Magistrate and Police Commissioner, Jaipur Metropolitan, Jaipur, which has been approved by the Government by order dated 03.11.2016 passed under Section 3(2) of the Rajasthan Prevention of Anti-Social Activities Act, 2006.

2. It may be noted at the outset that Vishram Gurjar himself earlier filed D.B. Habeas Corpus Writ Petition No.243/2016, which was dismissed by a coordinate bench of this court vide judgment dated 13.12.2016. The present Hebeas Corpus Petition has been preferred on the basis of judgment of this court dated 31.03.2017 in D.B. Habeas Corpus Writ Petition No.235/2016 – Rajesh Sharma @ Raju Pandit through Rakesh Sharma Vs. State of Rajasthan and Others. This court, vide aforesaid judgment dated 31.03.2017 in D.B. Habeas Corpus Writ Petition No.235/2016, held that the order of his preventive deten





















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