GANAPATHI PAI Vs. DISTRICT MAGISTRATE MANGALORE

JUDGEMENT

(1.) This is a petition for habeas corpus under Art.226 of the Constitution. Kamalaksha Pai who is a licensed wholesale rice merchant, trading at Bunder, Mangalore was ordered to be detained by the District Magistrate, Mangalore, under S.3(1) (a) (iii) of the Maintenance of Internal Security Act, 1971 (Act 26 of 1971) (called shortly 'the Act). The order was made on 11th July, 1973. He was arrested on the same day and detained in the Sub-Jail, Mangaloore.

(2.) The petitioner, the minor son of the detenu, complaining that his. father was illegally detained and not provided with any facilities even to hand over the copy of the detention order, has moved this Court for a writ in the nature of habeas corpus.

(3.) In response to the notice issued, the learned Advocate General has. appeared, and, along with counter-affidavits, has produced the copy of the order of detention and also the grounds of detention served on the said detenu.