PARSU RAM PANDEY Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) By this petition Parsu Ram Pandey challenges the validity of his detention under the provisions of the National Security Act authorised by the District Magistrate, Allahabad vide his order dated 28th of July, 1981.

(2.) The petitioner was served with the order dated 28th July, 1981 passed by the District Magistrate, Allahabad authorising his detention under Section 3 of the National Security Act and also the grounds for his detention on 28th July, 1981 while he was still in prison in connection with another criminal case, In due course the District Magistrate reported the matter to the State Government which approved the petitioner's detention. The representation made by the petitioner against the detention was also rejected by the State Government.

(3.) By this petition under Art. 226 of the Constitution the petitioner challenges the validity of his detention Lon a number of grounds including that the detention order has been made in mala fide exercise of power and also that the instances cited in the grounds of detention did not relate to public order. They merely related to law and order and some of them were stale as well. The petitioner also raised the plea that all the materials and the grounds on which the District Magistrate felt satisfied that it was necessary to detain him with a view to prevent him from acting in a manner prejudicial to the maintenance of public order were not supplied to him and he was not given an opportunity for making an effective representation in that regard.