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1965 Supreme(P&H) 169

MEHAR SINGH, A.N.GROVER, D.K.MAHAJAN, H.R.KHANNA, S.K.KAPUR
Kacharu Ram Niader Mal – Appellant
Versus
District Magistrate, Delhi – Respondent


Judgment

A.N.GROVER, J.

1. This is a petition under Art. 226 of the Constitution and S. 491, Criminal Procedure Code, for a writ in the nature of habeas corpus for the production of the petitioner and for his release from detention.

2. By an order dated 23rd September, 1964. which appears to be on the usual cyclostyled form, the District Magistrate of Delhi directed the detention of the petitioner in the Central Jail, Tehar, New Delhi under R. 30 of the Defence of India Rules, 1962. In the order it was stated that the District Magistrate was .satisfied from information received that it was necessary to detain the petitioner with a view to preventing him from acting in any manner prejudicial to the maintainance of public order. In the petition as originally filed in January 1965, all that was stated by the petitioner was that he was being detained by the District Magistrate without any reasons having been given for his detention and that the usual procedure for the trial and punishment of offences had not been followed. This petition was admitted on 27th January, 1965 by Falshaw, C.J. and Mehar Singh, J. and the detenu was ordered to be produced on 8th February 1965. The District Mag











































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