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1989 Supreme(Online)(SC) 53

V. RAMASWAMI, B.C. RAY, JJ
ANAND PRAKASH – Appellant
Versus
STATE OF U.P. AND ORS. – Respondent


Advocates:
For the Appellants/Petitioners: P.K. Chatterjee, R.P. Gupta
For the Respondents: Prithvi Raj, Dalveer Bhandari, Prashant Choudhary

JUDGMENT:

ORIGINAL JURISDICTION: Writ Petition (Crl.) No. 353 of 1989.

(Under Article 32 of the Constitution of India).

481

P.K. Chatterjee and R.P. Gupta for the Petitioner.

Prithvi Raj, Dalveer Bhandari and Prashant Choudhary for the Respondents.

The Judgment of the Court was delivered by

V. RAMASWAMI, J. This writ petition has been filed under Article 32 of the Constitution praying for the issue of a writ of certiorari to quash the order of detention dated 3.5.1989 passed by the District Magistrate, Farrukhabad, U.P. as confirmed by the Government of U.P. in their order dated 20.6.1989 detaining one Lakhmi Chand Gupta under the National Security Act and to issue a writ of habeas corpus releasing the said detenu from such detention. The order of detention was made under section 8 of the National Security Act, 1980 by the District Magistrate on the ground that with a view to prevent the detenu from indulging in unlawful activities which are prejudicial to the maintenance of essential services and supplies required for public life it was necessary to keep ’him under detention. The detenu made his representation to the Advisory Board. On receipt of the report of the Advisory Board to the

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