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1998 Supreme(All) 895

R. R. K. TRIVEDI, D. P. MOHAPATRA
HARISH KASANA – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
Jagdish Singh Sengar

D. P. MOHAPATRA, CJ.

( 1 ) HARISH Kasna, who has been detained under Section 3 (2) of the National Security Act, 1980 (hereinafter referred to as "the Act") in pursuance of the order dated 6-10-1997 (Annexure 1) passed by the District Magistrate Agra, respondent No. 4, has filed this petition under Article 226 of the Constitution of India praying for issue of a writ of habeas corpus quashing the detention order and a direction for his release from detention forthwith.

( 2 ) FROM the order of detention (Annexure 1) and the grounds annexed to it (Annexure 2), com-municated to the petitioner under Section 8 of the Act, it appears that the detaining authority on arriving at a subjective satisfaction that the petitioners detention under Section 3 (2) of the Act is necessary to prevent him from acting in any manner prejudicial to the maintenance of public order directed his detention. In the grounds it is stated, inter alia, that on 31-6-1997 Sri Ram Swarup Mittal aged 67 years, a resident of 45 Defence Estate Area, Police Station Sadar Bazar, district Agra, had gone for a morning walk at about 5. 45 A. M. He did not return home. At about 7. 15 A. M. his son Ramesh Chandra Mittal received
















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