LAWS(DLH)-1990-11-24

IQBAL Vs. VIJAY KARAN COMMISSIONER OF POLICE

Decided On November 07, 1990
IQBAL Appellant
V/S
VIJAY KARAN, COMMISSIONER OF POLICE Respondents

JUDGEMENT

(1.) By this petition under Articles 226 and 227 of the Constitution of India, the petitioner has prayed for a writ of certiorari to quash an order of detention dated 22nd of May 1990 passed by the Commissioner of Police, Delhi under sub-section (2) of Section 3 of the National Security Act, 1980 (hereinafter referred to as the Act), with a view to prevent the petitioner from acting in a manner prejudicial to the maintenance of public order and to direct that the petitioner be set at liberty forthwith.

(2.) The deletion order was served on the petitioner on 22nd of May 1990 along with the grounds of detention and copies of six documents marked as Annexures I to VI. The detention order and the grounds were in English language whereas the copies of documents were in Urdu script. The detention order was approved by the State Government under Section 3(4) of the Act. Petitioner's representation dated 7th of June 1990 was rejected. On the basis of a report of the Advisory Board, the detention order was confirmed.

(3.) The petitioner has challenged his detention on various grounds. It is unnecessary to refer to all of them except one off which the impugned order has to be set aside.