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Dr. Ramakrishna Rawat vs District Magistrate, Jabalpur And Anr. on 11 October, 1974

(a) of the Maintenance of Internal Security Act, 1971 presupposed that on the date of the order of detention or in the near future the person sought to be detained had or would have freedom of action. If a person therefore was serving a long term of imprisonment or was in jail custody as an undertrial and there was no immediate or early prospect of his being released on bail or otherwise, the authority could not legitimately be satisfied on the basis of his past history or antecedents that he was likely to indulge in similar prejudicial activities after his release in the distant or indefinite future. To the similar effect are the observations in Dr. Ramakrishna Rawat v. District Magistrate, Jabalpur and Another. [1975] 4 SCC 164 at 167 and 169.
Supreme Court of India Cites 21 - Cited by 15 - R S Sarkaria - Full Document
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