RAKESH SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri Saghir Ahmad, learned Senior Advocate assisted by Sri Vinay Kumar Singh, learned counsel for the petitioner, Ms. Kumari Meena, learned A.G.A. for the State-respondents and Sri Surendra Nath Chauhan, for Union of India.

(2.) By this writ petition under Article 226 of the Constitution of India petitioner Rakesh Singh prays for issuance of a writ, order or direction in the nature of Habeas Corpus challenging the validity and constitutionality of the impugned detention order dated 15.01.2020 passed by District Magistrate, Sonebhadra/respondent no.3 (hereinafter referred to as ' the detaining authority') under sub section (2) of Section 3 of National Security Act, 1980 (for short the 'NSA') on being satisfied that petitioner's detention was necessary with a view to prevent him from acting in any manner prejudicial to the maintenance of public order as well as confirmation order dated 23.01.2020 passed by the Under Secretary Home (Confidential) Department, Government of U.P., Lucknow/respondent no.2. Petitioner has also prayed for a direction to the respondents to set him at liberty and to award cost to him.

(3.) The order of detention alongwith the grounds of detention was served upon the petitioner on 15.01.2020. Against the said order, the petitioner made a representation dated 24.01.2020 to the Detaining Authority, the Secretary, Department of Home and another representation to the Advisory Board constituted under Section 9 of the N.S.A. The case of the petitioner alongwith his representation was placed before the Advisory Board who opined that there was sufficient cause for the detention of the petitioner. Accordingly, in exercise of powers conferred under Section 12 (1) of the NSA, the State Government confirmed the aforesaid order of detention and directed that the petitioner be detained for a period of three months from the date of detention vide order dated 24.02.2020 which was communicated to the petitioner on 29.02.2020.