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Dina Nath Anand Vs. Administrator and ors. - Court Judgment

LegalCrystal Citation
SubjectConstitution
CourtSupreme Court of India
Decided On
Case NumberWrit Petition No. 1721 of 1981
Judge
Reported in(1983)2SCC252
AppellantDina Nath Anand
RespondentAdministrator and ors.
Cases ReferredMohd. Zakir v. Administrator and
Excerpt:
- [ a.p. sen,; baharul islam and; o. chinnappa reddy, jj.] -- preventive detention - documents and materials relied upon in grounds of detention - respondent claiming privilege in respect of document not suppliedchinnappa reddy, j.- 1. despite our clear indication on the last occasion that if the respondents intended to claim privilege in respect of any documents they should do so by filing a proper affidavit, that has not been done. the question of any claim of privilege does not, therefore, arise. the case is already covered by the decision of this court in mohd. zakir v. administrator1. in view of the decision of this court in mohd. zakir case1 the detenu is directed to be released forthwith. the writ petition is allowed accordingly.
Judgment:
CHINNAPPA REDDY, J.-

1. Despite our clear indication on the last occasion that if the respondents intended to claim privilege in respect of any documents they should do so by filing a proper affidavit, that has not been done. The question of any claim of privilege does not, therefore, arise. The case is already covered by the decision of this Court in Mohd. Zakir v. Administrator1. In view of the decision of this Court in Mohd. Zakir case1 the detenu is directed to be released forthwith. The writ petition is allowed accordingly.


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