PRABHU DAYAL AGANWAL Vs. GOVERNMENT OF A P

JUDGEMENT

(1.) This writ petition is filed for issue of Habeas Corpus and to direct the release of Prabhu Dayal Agarwal (hereinafter referred to as 'the detenu') after setting aside the Order dated 1-12-1993 passed by the Secretary to the Government (Political) and Specially Empowered Officer, Government of Andhra Pradesh, General Administration (Law and Order)-ll Department, in exercise of powers conferred by Section 3(i) of the COFEPOSA Act, 1974, detaining the petitioner.

(2.) It is alleged in the affidavit filed by the father of the detenu in support of the petition that the order was served on the petitioner on 1-12-1993 ; that the ground of detention were not served along with the order; that subsequently the grounds were communicated to the detenu on 4-12-1993 and were served on him at 9-10 P.M.; that as most of the material served on the detenu was not legible, the detenu' made an endorsement to that effect; and that thereafter 87 pages of material was served on the detenu on 6-12-1993 at 10-10 P.M.

(3.) The grounds on which the petitioner's father challenged the order, of detention are: