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1996 Supreme(All) 1014

N.L.GANGULY, B.K.SHARMA
MADAN CHAUHAN – Appellant
Versus
STATE OF U P – Respondent


Advocates Appeared:
Prem Prakash,

B. K. SHARMA, J.

Madan Chauhan petitioner has filed this writ petition for issue of a writ of habeas corpus to quash the order of his detention dated 16-11 -1995 passed by the District Magistrate, District Mau, Respondent No. 2 under Section 3 (2) of the National Security Act, 1980. The detention order is Annexure-1 to the Writ Petition. The detention order has been challenged before us on the sole ground that in the grounds of detention, the detaining authority did not inform the petitioner that he had a right to make representation on the ground of detention to the Central Government and thus he was denied the constitutional right to make the representation to the Government of India. The plea has been taken in para-19 of the Writ Petition. In reply to this para, it has been stated in the Counter Affidavit of Sri Om Prakash, District Magistrate, Mau in para-17 that the petitioner had a right to make representation before the appropriate Government regarding which he was informed and as such, there is strict compliance of the Act as well as Article 22 of the Constitution of India.

2. The learned A. G. A. has supported the plea of the District Magistrate by pointing out that Sectio









































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