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1987 (6) TMI 397

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.... Shakil Ahmed for the Appellants in Crl. A. Nos.374A and411 of 1986, Advs For the Respondents : A.D. Singh, Rachan Joshi and Dalveer Bhandari, Advs. JUDGMENT 1. The petitioners Fazal Ghosi and Wahid in the two writ petitions before us and the appellants Ayaz Ahmad and Riaz Ahmad in the two Criminal Appeals are aggrieved by the orders of detention made respectively in respect of them under Sub-s....

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....ised in this Court against their detention orders are identical. 2. It appears that consequent upon the opening of the Ram Janam Bhumi temple at Ayodhya, Faizabad, there was considerable agitation among the Muslim community. According to the State Government, several members of the community were returning from the mosque after their afternoon prayers, and at Bholanath Ka Kuan, Abdul Aziz Road, L....

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....the bail applications were pending the District Magistrate, Lucknow, purporting to act under Sub-section (3) of Section 3 of the National Security Act, served a detention order on February 20, 1986 on each of the four detenus. This was followed on February 21, 1986 by service of the grounds of detention. 3. learned Counsel for the detenus challenges the detention orders on several grounds. In our....

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....Section 3 of the Act clearly indicates that the power to detain there under can be exercised only with a view to preventing a person from acting in a manner which may prejudice any of the considerations set forth in the section. In the present case, we are unable to discover any material to show that the detenus would act in the future to the prejudice of the maintenance of public order. Even if i....