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1986 Supreme(All) 379

R.K.SHUKLA, B.L.YADAV
HIRA LAL PANDEY – Appellant
Versus
STATE OF UTTARPRADESH – Respondent


Advocates Appeared:
D.S.MISHRA, J.S.SANGAR, P.N.KATJU

B. L. YADAV, J.

( 1 ) THE petitioner has filed the present habeas corpus petition under Article 226 of the Constitution of India against the detention order dated 16. 11. 1984 (Annexure I to the petition) passed under section 3 (2) of the National Security Act (for short the Act) and the order dated 26. 11. 84 (Annexure T9t) confirming the order of detention.

( 2 ) THE facts of the case need not detain much. According to the case of the State the petitioner, immediately after passing the order of detention dated 16. 11. 1984, absconded and could not be arrested till 22. 5. 86, when the detention order was served on him along with nine grounds of detention coupled with other materials on which reliance was placed. The Advisory Boards opinion was received under Section 10 to this effect that there was sufficient cause for detention of the petitioner. Thereafter the detention order was confirmed by the State Government vide its order dated 26. 11. 84 (Annexure 9 ). The petitioner has challenged these two order dated 16. 11. 84 and 26. 11. 84.

( 3 ) SRI D. S. Misra, the learned counsel for die petitioner, urged before us that even though the order of detention was passed on 16. 11. 84



















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