DAYA SHANKAR KAPOOR Vs. UNION OF INDIA

JUDGEMENT

(1.) Daya Shankar Kapoor, who will hereinafter be referred to as the detenu, was detained in the first instance under an order of detention dated September 24, 1974 passed by the District Magistrate, Delhi u/s. 3(1)(c) read with Sub-Section (2) of S.3 of the Maintenance of Internal Security Act, 1971 as amended by Ordinance No. 11 of 1974 (hereinafter referred to as the MISA). This order was in the following terms :-

(2.) Subsequently, an order under Section 8 of the MISA containing the grounds of detention was passed by the District Magistrate, Delhi, on September 28, 1974. This order contained the following three main grounds, namely,

(3.) The detenu filed a petition in this Court, namely, Cr. W. Petition No. 37 of 1974, under Article 226 of the Constitution challenging the validity of the detention order passed against him. By its judgement in the said criminal writ petition dated November 22, 1974, this Court held that the order of detention was illegal and quashed the same and directed that the detenu should be released forthwith. The order of detention was quashed on the following grounds, namely, -