RAMESH ALIAS KALIA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The petitioner Ramesh Kalia, s/o Shri Nawal Singh Yadav has preferred this writ petition challenging the legality and validity of the order of detention passed-against him on 6/09/1991 by the State government of u. P. under Section 3 (2 of the National Security Act, 1980 in exercise of its powers under Ss. (3 of Section 3 of the said Act and directed that the detenu be detained.

(2.) Though several grounds have been taken in the writ petition canvassing the correctness of the detention order the learned counsel appearing on behalf of the petitioner has pressed only one contention, namely, that the representation sent by the detenu to the central government through the Home secretary on 29/09/1991 has not been disposed of till date. In reply to the above averment, the State government in its supplementary affidavit has stated that the representation of the detenu was communicated to the secretary of the department of Home Affairs, government of India even on 1/10/1991.

(3.) The central government though has been served with a notice, till date has not filed any counter refuting the above statement of the detenu. On the other hand, from the supplementary affidavit filed by the State, it is clear that the detenu gave a representation to the central government challenging the legality of the order and the same had been forwarded by the Home Department of the State to the central government. Under these circumstances, we have no other option except to quash the detention order on the ground that the representation of the detenu forwarded to the, central government has not been disposed of till date