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1999 Supreme(All) 1873

D.P.GARG, V.K.CHATURVEDI
FIROZ AHMED – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
MAHENDRA PRATAP SINGH, Vinod Prasad

D. P. GARG, J.


( 1 ) - In this Habeas Corpus writ petition under Article 226 of the Constitution of India the subject matter of challenge is the order of detention dated 29-1-1999. Annexure-1 of the writ petition passed by the District Magistrate. Varanasi-respondent No. 2 by invoking the provisions of Section 3 (2) of the National Security Act. 1980 (hereinafter referred to as the Act ). The said order was approved by the State Government-respondent No. 1 on 6-2-1999. The petitioner made a representation dated 11-2-1999 through the Jail Superintendent-respondent No. 3, which was sent to the State Government by - the District Magistrate respondent No. 2 on 16-2-1999. The representation of the petitioner was rejected on 20-2-1999. After the receipt of the recommendations of the Advisory Board, the respondent No. 1-confirmed the detention order on 5- 3-1999. Counter and rejoinder affidavits have been exchanged. Heard Mr. Vinod Prasad learned Counsel for the petitioner and Mr. Mahendra Pratap learned A. G. A appearing on behalf of the respondents.

( 2 ) THOUGH the detention order has been challenged on a variety of grounds. Mr. Vinod Prasad appearing on behalf of the petitioner, howev














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