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2014 Supreme(MP) 761

SHANTANU KEMKAR, MOOL CHAND GARG
Md. Vakil – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
For the Petitioner: Sanjay Sharma.
For the Respondents:Ms. Mini Ravindran, Dy. Government Advocate.

JUDGMENT :

Shantanu Kemkar, J.:-

By filing this petition under Article 226/227 of the Constitution of India, the petitioner has challenged his detention order dated 26.09.2013 (Annexure P/1) passed by District Magistrate, Ratlam exercising his powers under Section 3 (2) of the National Security Act, 1980 (for short, the Act) as also the order dated 28.11.2013 (Annexure P/2) passed by the State Government by which the order of detention passed by the District Magistrate, Ratlam has been confirmed.

2. The District Magistrate, Ratlam passed the impugned order dated 26.09.2013 (Annexure P/1) directing detention of the petitioner. As per the said order, the District Magistrate was satisfied that with a view to prevent the petitioner from acting in a manner prejudicial to the maintenance of public order, it is necessary to detain him under Section 3 (2) of the Act.

3. During the course of the arguments, the only contention raised by learned counsel for the petitioner is that in view of the law laid down by the Supreme Court in the case of Vijay Kumar v. State of J & K (AIR 1982 SC 1023), Merugu Satyanarayana v. State of Andhra Pradesh (AIR 1982 SC 1543) as also in the case of Rameshwar Shaw





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