LAWS(SC)-1974-11-44

RAM BAHADUR RAI Vs. STATE OF BIHAR

Decided On November 12, 1974
RAM BAHADUR RAI Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) These proceedings for the writ of habeas corpus are directed against an order passed by the District Magistrate, Patna, on April 9, 1974 in the exercise of powers conferred by Section 3 (1) (a) (ii) of the Maintenance of Internal Security Act, 26 of 1971. The District Magistrate directed by the aforesaid order that the petitioner, who is a student leader, be detained with a view to preventing him from acting in any manner prejudicial to the maintenance of public order.

(2.) The 'Grounds' of detention were served on the petitioner on April 13, 1974. They read thus:

(3.) The petitioner filed a writ petition (No. 47 of 1974) in the High Court at Patna under Article 226 of the Constitution challenging the validity of the detention order on various grounds. That petition was dismissed by a Division Bench of the High Court on May 8, 1974. This Court, on September 3, 1974 granted to the petitioner leave to appeal from the judgment of the High Court.