(1.) THIS is a habeas corpus petition filed by Smt. Prem Kaur challenging the illegal detention of her son Krishna Kumar (c) Bebi,-son of Lokendra Nath, by caste Jat, resident of Gopalgarh, Bharatpur.
(2.) THE order of detention was passed by the District Magistrate, Bharatpur on 9th October, 1986 Annx. 2 u/s 3 (2) (3) of the National Security Act, 1980, hereinafter referred to as the 'act'. THE said order was confirmed by the State Government vide their order dated 15. 10. 1986 (Annx. 4 ). THE Advisory Board also recommended the detention and therefore, an order came to be passed on 18. 11. 1986 (Anx. 7) u/s 13 of the Act, confirming the order of detention dated 9. 10. 1986 for detaining Krishna Kumar for one year upto 8. 10. 1987, and these orders have been challenged by the petitioner.
(3.) IT has been submitted that in the first instance quoted in the grounds as above, the detenue was charge-sheeted only u/s 324 IPC and not u/s 307 IPC and further that the detenue was acquitted in that case on 13. 8. 1985, and that it has been wrongly mentioned in the grounds of detention that the matter is still pending in the court.
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