SHAMLAL Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This is an application for the issue of a writ of habeas corpus for the production and release of one Sri Kishanlal who is detained by an order of detention dated 20-8-1982, under the National Security Act, 1980 (hereinafter called "the Act") of the Commissioner of Police, Special Branch, Hyderabad.

(2.) The order of detention states that with a view to prevent the detenu from acting in a manner prejudicial of the maintenance of public order, the Commissioner of Police was satisfied that it was necessary to make an order of detention in exercise of the powers conferred on him by S. 3 sub-section (3) of the Act read with the order of Government in G.O.Ms. No. 221 General Administration (General-A) Department dated 15-6-1982, and accordingly directed the detenu to be detained and lodged in the Central Prison. Hyderabad. The detenu was detained on 20-8-1982 and the grounds of detention and other documents referred to in the grounds were served on the detenu on 24-8-1982 with Hindi version thereof within the time prescribed and a report was also sent to the Government on 20-8-1982. The grounds of detention read as follows :-

(3.) In this writ petition, it is contended by Sri Padmanabha Reddy, that the grounds mentioned in Para I of the order of detention are vague and general, and that the specific grounds mentioned in para 2 of the grounds of detention relates only to individual attack on a member of another gang, and that the rowdy sheet furnished to the detenu relates to incidents which are either non-existent or vague and that the incidents mentioned in the rowdy sheet relate only to black-marketing and smuggling, and that none of the grounds of detention have any relevancy to public order and, therefore, the order of detention is illegal and unsustainable.