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1982 Supreme(All) 659

P.N.GOEL, M.WAHAJUDDIN
SUSHIL KUMAR – Appellant
Versus
ADHIKCHHAK, KENDRIYA KARAGAR – Respondent


M. WAHAJUDDIN, J.

( 1 ) SUSHIL Kumar, the petitioner, has been detained under Section 3 (2) of the National Security act by an order of the District Magistrate, Allahabad, dated 3-11-81. He preferred an earlier habeas Corpus Petition No. 15165 of 1981 assailing such detention. It was dismissed by the judgment and order dated 12-4-1982 and his detention was upheld. Thereafter this second habeas corpus petition has been preferred on 26-7-1982. While admitting this petition, the Court vide its order dated 30-7-1982 expressly observed that this second petition will be considered strictly on the ground which have been raised for the first time and are not covered by the petition already decided and rejected by the Court

( 2 ) ONE of the new points raised in this petition is that the representation for revocation of the detention order made by the petitioner to the State Government and the Union of India on 2-7-1982 have not been decided so far and that vitiates the continued detention of the detenu. During arguments we have been addressed only on the point of non-consideration of detenus representation by the Central Government.

( 3 ) ON behalf of the Slate Government a counter-affidavit



























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