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1987 Supreme(P&H) 679

I.S.TIWANA
Kulbir Chand – Appellant
Versus
District Magistrate, Amritsar – Respondent


Judgment

1. The petitioners detention with effect from 3rd June, 1986, u/s. 3 of the National Security Act, 1980 , was set aside by me vide my order dated 25th November, 1986 (1986 Chand Cri C (HC) 583), primarily for the reason that the detention of two other persons namely Achal Kumar and Banwari Lal who had been similarly detained along with the petitioner as a result of the same activity or the incident attributed to them had been revoked by the State Government in the light of the opinion of the Advisory Board, and therefore, his dentention too could not be upheld. For this conclusion, I also relied upon an earlier judgment of this Court in Cri Writ Petn. No. 962/1986 (Major Singh V/s. State of Punjab) decided on October 30, 1986 (reported in (1987) 2 Chand LR (Cri) 678), which judgment in turn, was based on the ratio of the Supreme Court judgment in Mohd. Shakeel Wahid Ahmed V/s. State of Maharashtra, AIR 1983 SC 541 : (1983 Cri LJ 967), wherein it was ruled :

"The opinion of the Advisory Board that there was no sufficient cause for Shamsis detention may not have been binding on the detaining authority which ordered the detention of the petitioner but, it cannot be gainsaid th











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