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1996 Supreme(All) 618

R.DAYAL, KUNDAN SINGH
ISHAQ – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
VINAY SARAN

R. DAYAL, J.

( 1 ) THE petitioner, Ishaq, has filed this petition under Article 226 of the Constitution for a writ, order or direction in the nature of Habeas Corpus directing the respondent to set him at liberty.

( 2 ) THE petitioner has been detained in District Jail, Meerut, pursuant to an order passed on 3-10-1995 by the District Magistrate, Ghaziabad under Section 3 (2) of the National Security Act (hereinafter referred as the Act) in exercise of the powers conferred upon him under sub-Section (3) of Section 3of that Act in order to prevent him from indulging in an activity prejudicial to the maintenance of public order. A copy of that order is Annexure 1 to the writ petition. Along with the order of detention, grounds of detention (Annexure 2) were also served on the petitioner. The grounds may be summarised as under :on 13-9-1995 on the public road in Mohalla Kailash Nagar, District Ghaziabad, which is densely populated by Hindus and Mohammadans, you at 8. 30 p. m. , along with your associates, Nasir Ali, Ayub, Harun, Mahboob, Maharaj and Julley murdered Naresh by shooting at him by a revolver and country-made pistols and when people in the mohalla tried to check you in your













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