HANS RAJ Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this writ petition under Article 226 of the Constitution of India, the petitioner Hans Raj prays for issuance of a writ of habeas corpus, challenging the propriety and validity of the order of detention dated 15 December 2003, passed by the Commissioner of Police, Delhi, hereinafter referred to as the 'detaining authority', under sub -section (2) of Section 3 of the National Security Act, 1980 ( for short ' the NSA'), on being satisfied that petitioner's detention was necessary with a view to prevented from acting in any manner prejudicial to the maintenance of public order.

(2.) THE petitioner was detained on 17 December 2003 when the impugned order along with the grounds of detention were served on him.

(3.) THE petition is resisted by the respondents and affidavits in opposition have been filed on behalf of all the respondents, which include the Union of India, through Secretary, Ministry of Home Affairs, Commissioner of Police, Delhi and the Lt. Govern or, Delhi, as respondents No.1,2 and 3 respectively.