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1986 Supreme(All) 380

B.N.MISRA, R.M.SAHAI
SANTOSH KUMAR – Appellant
Versus
SUPDT. , CENTRAL JAIL, NAINI – Respondent


Advocates Appeared:
D.S.MISHRA

R. M. SAHAI, J.


( 1 ) DOES sub-see. (2) of S. 3 of National Security Act (hereinafter referred to as Act) visualise detention of an Office-bearer of employees Union, without trial under extraordinary legislation of preventive detention for hunger strike or threat of life and property to the general manager of Corporation if the demands of Union were not met or creating disturbance in the office or misbehaving with officials or such action is a scornful reflection on abuse of power is one of the sensitive issues noised in this habeas corpus petition, filed on behalf of petitioner, Secretary of Jal Kal Karamchari Sangh, Allahabad for last ten years, by his wife. The order detaining petitioner is also assailed for absence of material or circumstance which could furnish foundation for being satisfied that public order was endangered or there was threat or likelihood of disruption of supplies essential to the Community, for mechanical exercise of power by detaining authority, delay in disposal of representation by State Government, divergence in the order and grounds of detention, failure to place letter dated 6th May, 1986, a subsequent but vital material, before confirming authority a















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