UNION OF INDIA Vs. MANISH BAHAL ALIAS NISHU

JUDGEMENT

(1.) Leave granted.

(2.) The Union of India through the Secretary, Ministry of Home Affairs, the Lt. Governor of NCT of Delhi, the Commissioner of Police, Delhi and the Superintendent, Central Jail, Tihar, have filed this appeal assailing the judgment of the Delhi High Court, D/- 14th December, 1999 in Criminal Writ Petition No. 809 of 1999 quashing the order of detention under Section 3(2) of the National Security Act, 1980 (hereinafter referred to as 'the Act') and directing immediate release of the respondent unless required in connection with any other case. As appears from the impugned judgment the order of detention has been quashed by the High Court solely on the ground that the Lt. Governor of Delhi rejected the representation of the detenu respondent taking into consideration the report submitted by the Advisory Board and therefore, did not consider the representation independently.

(3.) The Commissioner of Police, Delhi vide Order, D/- 17-05-1999 ordered the detention of the respondent under Section 3(2) of the Act with a view to prevent him from indulging in activities prejudicially affecting the public order. The said order of detention was approved by the Lt. Governor of NCT of Delhi under Section 3(4) of the Act vide Order, D/- 20 May, 1999, On 04-06-1999 the respondent addressed a representation to the Advisory Board against the order of his detention. The Advisory Board submitted its report on 10-06-1999 stating that there was sufficient cause for the detention of the respondent. The report was received at the Police Headquarters on 11-06-1999. Thereafter the Lt. Governor on consideration of the report along with other material placed on record confirmed the order of detention and directed that the detenu shall be detained for a period of 12 months from the date of his detention i.e. 18-05-1999. By a separate order passed on the same day (21-06-1999) the Lt. Governor rejected the representation made by the respondent to the Advisory Board. Thereafter the respondent filed the writ petition in the High Court challenging the detention Order, D/- 3rd August, 1999.