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1998 Supreme(All) 154

S.K.PHAUJDAR, N.S.GUPTA
VIRENDRA SHUKLA – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
SARVESH BISARIA, U.N.Sharma

( 1 ) THROUGH this writ petition the petitioner sought that he be set at liberty from detention in connection with a detention order dated 2-7-97 under Section 3 (2) of the National Security Act recorded by the District Magistrate, Kanpur Nagar.

( 2 ) THE detention order was recorded on 2-7-97 and the petitioner stood detained from 3-7-97. The impugned order simply stated that the District Magistrate, Kanpur Nagar, was satisfied that the detention of Virendra Shukla for preventing him from acting in any manner prejudicial to maintenance of public order was necessary and accordingly the order under Section 3 (2) of the National Security Act was passed. This order stood confirmed under Section 12 (1) of the National Security Act on 27-8-97 authorising his detention for 12 months from 3-7-97.

( 3 ) THE grounds of detention that were served upon the petitioner as required under Section 8 of the Act stated that on 12-6-97 the petitioner had shot at his tenant Sudheer Singh and his wife and others killing Sudheer Singh and injuring Smt. Bhawna Singh and Shiv Mangal Singh. This action was allegedly taken with a view to see that the tenanted premises be vacated and Case Crime No. 331 of 19













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