LAWS(SC)-1992-8-8

DAVID PATRICK WARD Vs. UNION OF INDIA

Decided On August 26, 1992
David Patrick Ward Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) This is a joint writ petition under Article 32 of the Constitution filed by Mr David Patrick Ward as petitioner I, Mr Stephen Hillman as petitioner 2, both being British Nationals, challenging the legality of the detention orders dated 31/01/1992 made against them under Ss. (1 and (2 of S. 3 of the National Security Act, 1980 (hereinafter referred to as 'the Act') and seeking their release forthwith by issuance of writs of habeas corpus to respondents: (1 the Union of India, (2 the State of Uttar Pradesh, (3 the State of Nagaland.

(2.) Detention order made against each petitioner discloses that it had been made by Nagaland State government with a view to prevent the concerned petitioner from acting in any manner prejudicial to the defence of India, the relations of India with foreign powers, the security of India, the security of the State of Nagaland and maintenance of public order. The ground of detention pertaining to each detention order being common and in identical terms, reads:

(3.) While the said ground of detention is put under the head "schedule" in the Annx. to the Grounds of Detention communication, the latter is addressed to each petitioner by furnishing the following information for his guidance: