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1987 Supreme(Raj) 98

S.N.BHARGAVA, I.S.ISRANI
Abdul Rashid – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
K.K. Sharma, for Petitioner; Rizwan Ali, Public Prosecutor

S.N. BHARGAVA, J.—This is a habeas corpus petition filed by one Abdul Rashid, who is brother of Mod. Rizwan one has been detained by an order of the District Magistrate, Kota dated 14.4.1986, under section 3(2) of the National Security Act, 1980 (Act No. 65 of 1980) (hereinafter referred to as "NSA").

2. Earlier also the petitioner was detained under NSA by order of the District Magistrate Kota dated 12th August, 1981, under sec. 3(2) of the NSA. A writ petition filed in this court and the same was allowed by order dated April 28, 1982 as the court came to the conclusion that there was no ground or justific-ation to hold that the activities of the detenus were such as to disturb the public order. All the grounds mentioned in the detention order at the best, make out a case of disturbance of law and order.

3. The order of District Magistrate dated 14.4.1986 (Annex. 4) was confirmed by the State vide order dated 25.4.1986, under section 3(4) of the NSA. The detenus filed a representation, which was considered by the Advisory Board and the State Government rejected the same vide its order dated 7th June, 1986 (Annex. 5). The State Government confirmed the detention order under sec. 12(1
















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