DEVL LAL MAHTO Vs. STATE OF BIHAR
SUPREME COURT OF INDIA
DEVL LAL MAHTO
STATE OF BIHAR
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Desai, J. -
(1.) On October 4, 1982, we quashed and set aside the impugned detention order dated April 20, 1982, in respect of detenu Devi Lal Mahto, reserving the giving of the reasons for our order to a later date. Here are the reasons.
(2.) This is a petition under Article 32 for a writ of habeas corpus filed by detenu Devi Lal Mahto challenging the order of preventive detention dated April 20, 1982, made by the District Magistrate, Dhanbad.
(3.) Detenu Devi Lal Mahto was arrested on March 2, 1982, and was produced before the Chief Judicial Magistrate, Dhanbad, who remanded him to jail custody till March 17, 1982. On March 18, 1982, detenu moved an application for bail which was fixed for hearing on March 24, 1982. On March 25, 1982, the bail application was rejected. On April 20, 1982, the District Magistrate, Dhanbad, made the impugned order of detention in exercise of the power conferred by sub-section (2) read with sub-section (3) of Section 3 of the National Security Act, 1980 ('Act' for short). The District Magistrate stated in his order that with a view to preventing the detenu from acting in a manner prejudicial to the maintenance of public order he be detained. Grounds of detention were served upon the detenu on April 23, 1982. Another application for bail moved by the detenu was rejected on April 23, 1982. On May 13, 1982, the detenu submitted his representation to the State Government which came to be rejected by the State Government on June 3, 1982. The order of detention was confirmed by the State Government on June 10, 1982.;
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