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1969 Supreme(SC) 34

A.N.GROVER, J.C.SHAH, V.RAMASWAMI
Abdul Karim – Appellant
Versus
State Of W. B. – Respondent


Advocates:
DABARATA MUKHERJI, G.S.CHATTERJEE, P.K.CHAKRAVARTI, R.K.GARG

Judgment

RAMASWAMI, J: In this case the petitioners have obtained a rule calling upon the respondent, viz., the State of West Bengal, to show cause why a writ of habeas corpus should not be issued under Article 32 of the Constitution directing their release from detention under order passed under Section 3 (2) of the Preventive Detention Act, 1950 Act IV of 1950) (hereinafter called the Act). Cause has been shown by Mr. Debabrata Mukherjee and other counsel on behalf of the respondent to whom notice of the rule was ordered to be given.

2. At the conclusion of the hearing of this petition on 15th January, 1969, we directed the release of these petitioners and said that the reasons would be furnished later. We shall now proceed to state those reasons.

3. As regards petitioner No. 2, Sk Abdul Karim, the order of detention was made on 17th February, 1968 by the District Magistrate of Hooghly and reads as follows:

"No. 230-C Dated 17-2-1968

Whereas I am satisfied with respect to the person known as Sk. Abdul Karim son of late Sk. Nasiruddin of Mathurdangi Police Station Chanditala, District Hooghly that with a view to preventing him from acting in any manner prejudicial to the maintenance o































































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