KHURASAN PATHAN Vs. DISTRICT MAGISTRATE INDORE

JUDGEMENT

(1.) THIS order will also govern the disposal of Misc. Petition Nos. 130 of 1972 (Suresh Shukla v. The District Magistrate, Indore and others) and 131 of 1972 (Vishnu Prasad v. The District Magistrate, Indore and others).

(2.) IN the above named three petitions, the petitioners, Khurasan Pathan, Suresh Shukla and Vishnu prasad had obtained rule calling upon the respondents to show cause as to why the writs of habeas corpus should not be issued under Article 226 of the Constitution of INdia directing their release from detention under orders passed by respondent No. 1 under the provisions of the Maintenance of INternal Security Act, 1971 (No. 26 of 1971) (hereinafter referred to as the Act). The cause was shown only by respondent No. 1 the District Magistrate, INdore, on behalf of himself and the other respondents. At the conclusion of the hearing of these petitions on 13-12-1972, we directed the release of the petitioners and stated that the reasons will be furnished later on. We now propose to state those reasons as under,

(3.) THE petitioner, however, challenges his detention as being illegal, invalid and contrary to the provisions of the Act and the Constitution of the following grounds, namely :-