RAKESH @ PAPPU YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) '' Through this writ petition preferred under Article 226 of the Constitution of India, the petitioner -detenu Rakesh alias Pappu Yadav has impugned the order dated 20 -11 -2001 passed by the second respondent Mr. Rajneesh Dubey, District Magistrate, Jhansi detaining him under Sub -Section 2 of Section 3 of the National Security Act.

(2.) THE prejudicial activities of the petitioner -detenu prompting the second respondent to pass the impugned order are contained in the grounds of detention (Annexure -2). Since, in our view, this writ petition deserves to succeed on grounds 33(g) and 33(s) and for the adjudication of the said grounds a reference to the prejudicial activities of the petitioner -detenu is not necessary, we are not adverting to them.

(3.) MR . Jyotindra Mishra appe -aring for respondents 1, 2 and 3 does not dispute that what has been conveyed to the petitioner -detenu in the grounds of detention is that if he so wanted, he could make a representation, and not that he had a right to make a representation.