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2002 Supreme(All) 835

VISHNU SAHAI, R.C.PANDEY
PREM VERMA – Appellant
Versus
UNION OF INDIA – Respondent


VISHNU SAHAI, J.

Through this writ petition preferred under Article 226 of the Constitution of India the petitioner-detenue Prem Verma has impugned the order dated 4. 11. 2001 passed by the 3rd respondent Mr. A. K. Tandon, District Magistrate, Kheri detaining him under sub-section (3) of section 3 of the National Security Act, 1980.

2. The detention order along with the grounds or detention which are also dated 4. 11. 2001, was served on the petitioner-detenue on 4. 11. 2001 itself and their true copies have been annexed as Annexure Nos. 1 and 2 respectively to this petition.

3. The prejudicial activities of the petitioner-detenue impelling the third respondent to issue the impugned detention order against the petitioner-detenue are contained in the grounds of detention (Annexure No. 2 ). Since it is common ground between Counsel for the parties that the petitioner-detenue made a representation to the State Government on 20. 11. 2001 through Jail which was despatched therefrom the same day to the Detaining Authority who received it on the same day but since his office did not place it before him it was not disposed of and on this ground alone this petition deserves to succeed, we a















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