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1985 Supreme(MP) 353

R.C.SHRIVASTAVA, T.N.SINGH
BHARAT – Appellant
Versus
DISTRICT MAGISTRATE, GWALIOR – Respondent


Advocates Appeared:
M.C.Jain, Suresh Gupta

T. N. SINGH, J.

( 1 ) TWO questions of constitutional import, involving interpretation of Arts. 22 and 141, have surfaced in these two habeas corpus applications preferred from Jail. Indeed, another question of equal importance, concerning interpretation of S. 12 (1) of the National Security Act, 1980 (for short, 'the Act'), has also fallen for our determination in these two cases. We, therefore, heard these two cases analogously and we propose to deal with the three common questions while disposing of the cases by this common judgment.

( 2 ) FIRST, the skeletal facts necessary to dispose of the controversy which albeit is limited admittedly to the questions of law just alluded. Petitioner Bharat has been detained on the strength of an order passed under S. 3 of the Act on 18-9-84 (Annexure R/1) by the District Magistrate, Gwalior, for interdicting his activities which, in his opinion, were prejudicial to the maintenance of public order. The order was bottomed on two grounds and the 'grounds' bore the date 22-9-84. Petitioner Daulat Singh suffers detention on the strength of a similar order passed by the same detaining authority on 29-3-84 (Annexure -R/1) and indeed, for achieving




























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