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2003 Supreme(All) 1823

K.S.RAKHRA, VISHNU SAHAI
JITENDRA – Appellant
Versus
DIST. MAGISTRATE, BARABANKI – Respondent


Advocates Appeared:
B.B.Saxena, Pawan Kumar Trivedi, S.K.SINGH

VISHNU SAHAI, J.

( 1 ) THROUGH this writ petition preferred under Art. 226 of the constitution of India, the petitioner detenu jitendra alias Jeetu Misra has Impugned the detention order dated 2-9-2002, passed by mr. R. S. Verrma, District Magistrate, barabanki (opposite parry No. 1) detaining him under Section 3 (2) of The National Security Act.

( 2 ) THE detention order, along with the grounds of detention, which are also dated 2-9-2002, was served on the petitioner detenu on 4-9-2002 and their true copies have been annexed as Annexure 1 and 2 respectively to this writ petition.

( 3 ) THE prejudicial activities of the petitioner detenu impelling the 1st opposite party (the District Magistrate, Barabanki) to issue the impugned detention order against him are contained in the grounds of detention (Annexure No. 2 ). Since, in our view, a reference to them Is not necessary for the adjudication of the pleadings contained in para 16 of the petition and those contained in ground F and I of para 26 thereof, on which alone this writ petition deserves to succeed, we are not adverting to them.

( 4 ) WE have heard learned counsel for the parties. The substance of averments contained in parag









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