LAWS(SC)-1992-3-32

JAI PARKASH Vs. DISTRICT MAGISTRATE BULANDSHAHAR U P

Decided On March 30, 1992
JAI PARKASH Appellant
V/S
DISTRICT MAGISTRATE,BULANDSHAHAR,UTTAR PRADESH Respondents

JUDGEMENT

(1.) The District Magistrate Bulandshahar Uttar Pradesh, by an order dated July 23, 1991, directed that Jagdish s/o Kanchan Singh (the detenu) resident of village Dhamera Kirat District Bulandshahar be detained under the National Security Act, 1980 (the Act). The order was served upon the detenu while in custody in connection with two criminal cases registered against him. The grounds of detention served upon the detenu also stated as under :

(2.) The detenu submitted the representation against his detention through the jail authorities on August 3, 1991. The original records produced by the State Government show that the representation was addressed to "The Home Secretary" without indicating whether to the State Government or the Central Government.

(3.) The representation was rejected by the State Government on August 9, 1991. This petition under Art. 32 of the Constitution of India has been filed through the brother of the detenu challenging the order of detention. It is averred in the petition that the detenu submitted nine copies of the representation to the jail authorities.