GAURAV KAUSHIK Vs. UNION OF INDIA

JUDGEMENT

(1.) The petition of Gaurav was admitted by a Division Bench of this Court on 25-4-2000 whereas the petition filed by Dharmendra Rastogi alias Chhotu was entertained by a Division Bench of this Court on 23-5-2000, when the time for exchange of the affidavits was granted and it was directed that the petition should come up even during the summer vacations becaause the detention order was likely to expire on 28-6-2000. In both the matters the detention orders have been passed under National Security Act [hereinafter referred to as the Act] on 29-6-1999 by the Chief development officer, Meerut, purporting to act as District Magistrate, Meerut, within the meaning of the Act. Since the grounds are common and challenge is extended to the detention order primarily because the District Magistrate has not passed the said orders, the matters have been heard together.

(2.) Sri Arvind Vashishth, learned counsel for the petitioner assisted by Sri Shekhar Yadav has been heard at substantial length. Sri J. Lal has expoused for the Union of India in the writ petition of Dharmendra Rastogi whereas Sri K.N. Pandey has appeared for the Union of India in the writ petition of Gaurav.

(3.) Since the affidavits have been exchanged, both the writ petitions are heard on merits.