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2002 Supreme(All) 792

R.B.MISRA, M.KATJU
VIJAY KUMAR MISRA – Appellant
Versus
SUPERINTENDENT, DISTRICT JAIL, GORAKHPUR – Respondent


Advocates Appeared:
AJIT SINGH, C.K.Mishra, DAYA SHANKAR MISHRA, L.K.Dwivedi

M. KATJU, J.

( 1 ) HEARD Sri D. S. Mishra learned counsel for the petitioner and learned Government Counsel for the respondents.

( 2 ) THIS is a writ petition, which we are allowing with a heavy heart despite all our inclination to the contrary.

( 3 ) THE petitioner who has been elected MLA from the Samajwadi Party is challenging the impugned order of detention dated 24-4-2002 (Annexure-1 to the petition) passed under the National Security Act. Annexure-2 to the petition is the ground of detention, which mentions as many as 38 criminal cases against the petitioner. Of these, 8 cases are under Section 302, IPC, about 10 cases under Section 307, IPC and there are other cases under Section 376, IPC, 452, IPC and the U. P. Control of Goondas Act, Gangsters Act, Arms Act etc.

( 4 ) THE petitioner Vijay Kumar Mishra has been elected Member of the Legislative Assembly of U. P. in the recent election. This case illustrates the level of criminalisation that has taken place unfortunately in our public life. It is well known that a large number of such MLAs are reputed Criminals, Gangsters or Mafia leaders. What will happen to our country in this state of affairs can well be imagined.

( 5 ) A





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