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    K.M.Abdulla Kunhi Thru C.M.Mahin v. State Of Karnataka

    (1) LEARNED Counsel appearing for the Union of India submits that in view of the Constitution Bench judgment of this Court in the case of Sunil Fulchand Shah v. Union of India & Ors. [JT 2000 (2) SC 230] and the fact that long time has elapsed since the petitioner in each one of these cases was released on parole, he shall not be taken back into custody at this point of time in connection with the order of detention which was the subject matter of challenge in the writ petition.

    (2) LEARNED Counsel for the petitioners in W.P.(Crl.) 542/1989 and S.LP.(Crl.) No. 2117/1989 submits that he is satisfied with the statement and that the petitions may be dismissed as withdrawn. Accordingly, these two petitions are dismissed as withdrawn. Writ Petition (Crl.) 508/1989 & Special Leave Petition (Crl.) 2009/ 1989

    (3) NO one is present on behalf of the petitioners. We have heard learned Counsel for the respondent-Union of India who submits that in view of the Constitution Bench judgment of this Court in the case of Sunii Fulchand Shah. v. Union of India & Ors. (supra) and the fact that long time has elapsed since the petitioner in each one of the petitions was released on parole, he shall not be taken back into custody at this point of time in connection with the order of detention which was the subject matter of challenge in the writ petition. We record the statement of the learned Counsel for the Union of India and dismiss these petitions.

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    K.M.Abdulla Kunhi Thru C.M.Mahin v. State Of Karnataka
    (Apr 7, 2000)