AJAY DIXTT Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Shri Ram Narain Dixit in this petition under Article 32 of the Constitution challenges the detention of Ajay Dixit, his son in the District Jail of Agra, under the National Security Act, 1980. The District Magistrate, Agra passed a detention order and served on Ajay Dixit hereinafter called the detenu under Section 3 of The National Security Act, hereinafter called the Act, on six different grounds. The grounds mentioned therein are as follows:

(2.) On the above grounds the District Magistrate by his order dated 29-2-1984 stated that he was satisfied that the said Ajay Dixit was likely to act in a manner prejudicial to maintenance of public order and that it was necessary to detain him with the object of preventing him from acting prejudicially to the maintenance of public order. The said order was under Sub-section (2) of Section 3 of The National Security Act, 1980, and the petitioner was detained from 29th February, 1984. On March 14th, 1984 the petitioner submitted his representation to the Advisory Board. On 23rd March, 1984, the State Government rejected the representation of the detenu.

(3.) The petitioner alleged that the procedures and formalities provided under the Act had not been made available and applied in the case of the detenu, The petitioner states that the detenu was (illegally ) detained. and the grounds mentioned in the order were illusory, insufficient and not bona fide and in any case irrelevant for the detention of the detenu for the maintenance of public order. Sub-section (2) of Section 3 of the Act, empowers the Central Government and State Governments, if satisfied with respect to any person, with a view to preventing him "inter alia from acting in any manner prejudicial to the maintenance of public order", it is necessary to do so to make an order directing such person to be detained.