Karnataka Court August 1973 Judgments

Haji M. Abdul Khader Vs. Dist. Magistrate, S.K. and anr.

Court: Karnataka

Reported in: 1974CriLJ1117

Venkataswami, J.1. By this petition, which purports to be under Article 226 of the Constitution of India read with Section 491, Criminal P.C. the petitioner has prayed for the release of his brother by name C. Abdulla, who is detained under the provisions of the Maintenance of Internal Security Act (1971) (MIS Act), in the sub-jail at Mangalore, by the issue of an appropriate order of direction in the nature of a Writ of Habeas Corpus.2. The material allegations in the petition are: The detenu, C. Abdulla, is a grocery merchant at Anichinakatta in Puttur Taluk, South Kanara District. He was whisked away' in a jeep belonging to the Police on 11-7-1973 from a garage belonging to one Abbas, where he had gone to take out his car. The deponent of the affidavit had, after being informed of the place of detention, proceeded to Mangalore and his attempts to meet the detenu were unsuccessful as the jail authorities did not permit him, on 12-7-1973. Hence this petition, which is lodged on 18-7-1...