ASHISH SETH Vs. DISTRICT MAGISTRATE LAKHIMPUR KHERI AND

JUDGEMENT

(1.) VISHNU Sahai, J. Through this writ petition preferred under Article 22 (a of the Constitution of India, the petitioner-detenu Ashish Seth has impugned the order, dated 28. 5. 2002, passed by opposite party No. I Mr. Sanjay Prasad, District Magistrate, Kheri, detaining him under section 3 (2) of the National Security Act.

(2.) IT is common ground between the counsel for the parties that the detention order, alongwith the grounds of detention, which are also dated 28. 5. 2002, was served on the petitioner-detenu on 28. 5. 2002 itself, and their true copies have been annexed as Annexure Nos. 1 and 2 respectively to the writ petition.

(3.) SINCE the right of the petitioner-detenu to make a representation to the detaining authority was only available to him within 12 days from the date of issuance of the detention order or its approval by the State Government, whichever was earlier, and the petitioner-detenu was not communicated this, in our view the first facet of the fundamental right guaranteed to the petitioner-detenu under Article 22 (5) of the Constitution of India would be infracted. Article 22 (5) of the Constitution of India reads thus : " When any person, is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, as soon as may be, communicate to such person the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order. "