R PRAKASH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is a petition for writ of habeas Constitution challenging the validity of corpus under Art. 226(1) (a) of the the order of detention of the brother of the petitioner R. Sathyadas passed by the State Government under sub-section (1) of S. 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (called shortly as 'the Act').

(2.) The case involves the personal liberty of a citizen which is one of the cherished fundamental rights guaranteed by the Constitution which the courts of this country have always jealously protected against arbitrary invasion.

(3.) The facts are these : The State Government by order dated 15th May 1979 made an order as follows :-