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1982 Supreme(All) 346

S.J.HYDER, P.N.GOEL
SHUSHIL KUMAR – Appellant
Versus
STATE OF U. P – Respondent


S. J. HYDER, J.


( 1 ) THIS petition under Article 226 of the Constitution is directed against the order dated Nov. 13, 1981 passed by the Dist. Magistrate, Allahabad in the purported exercise of his power under sub-section (1) of Section 3 of the National Security Act, 1980, hereinafter referred to as "the act", directing the detention of the petitioner in the Central prison, Naini under Sub-section (2)of Section 3 of the Act. The petitioner contends his detention in the Central prison Naini is illegal and void and that writ of habeas corpus may be issued directing his release from the central Prison, forthwith. Besides the Supdt Central Jail, Naini, the Distt. Magistrate and the state of U. P. have also been impleaded as opposite parties.

( 2 ) IN the petition it is stated that the petitioner in a law abiding citizen and has no previous criminal record. It is contended by him that he is an active member of the Lok Dal and the members of the ruling party are against him and apprehend that on account of the petitioners immense influence with the electorate, the scales may be turned against the ruling party in the forthcoming elections to the Nagar Mahapalika. It is stated in petitio



















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