SHARAD KUMAR TYAGI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This petition under Article 32 of the Constitution of India has been filed by the petitioner to seek the issue of appropriate writs for quashing an order of detention passed against him under Section 3(2) of the National Security Act (hereinafter the 'Act') by the State of Uttar Pradesh and for his release from custody. On April 5, 1988 an order of detention was passed against the petitioner under Section 3(2) of the Act, but the petitioner could not be served the order of detention and taken into preventive custody as he was absconding. Consequently he was treated an absconder and resort was had to Section 7(2):of the Act, and a proclamation was obtained against him under Sections 82 and 83 -of the Criminal Procedure Code on May 4, 1988 and the said order was executed on May 5, 1988. Thereafter- the petitioner surrendered himself in Court on July 4, 1988 and he was sent to the District Jail at Meerut where he was served the detention order and the grounds of detention on July 5, 1988.

(2.) In the grounds of detention three grounds were set out for the detention of the petitioner and they read as follows:-

(3.) The grounds of detention also set out the following:-