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1985 Supreme(All) 240

H.N.SETH, K.N.SINGH, B.N.KATJU
Munnni Lal – Appellant
Versus
Superintendent Of Central Jail Naini, Allahabad – Respondent


Advocates appeared:
Daya Shankar Mishra

JUDGMENT

B. N. Katju, J.

1. In view of the opinion of the majority, the petition succeeds and is allowed. We direct the respondents, not to keep the petitioner under detention in pursuance of the order of the District Magistrate, Allahabad dated 10-9-1984, and to release him from custody forthwith unless he is required to be detained in connection with any other case. This is a petition for the issue of a writ of habeas corpus. It has been referred to us for decision as it involved question of law of general importance.

2. The petitioner was detained in Central Jail Naini, Allahabad under the order of the District Magistrate, Allahabad dated 9-8-1984 passed under Section 3 (2) of the National Security Act, 1980 (hereinafter referred to as the Act). The aforesaid order of detention was approved by the State Government under Section 3 (4) of the Act on 18-8-1984. The petitioner filed habeas corpus writ petition No. 10159 of 1984 challenging the legality of his detention which was admitted by this Court on 21-8-1984. The order of the District Magistrate, Allahabad dated 9-8-1984 under Section 3 (2) of the Act was subsequently revoked by the District Magistrate, Allahabad by his order d










































































































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