PREM VERMA Vs. UNION OF INDIA

JUDGEMENT

(1.) VISHNU Sahai, J. Through this writ petition preferred under Article 226 of the Constitution of India the petitioner-detenue Prem Verma has impugned the order dated 4. 11. 2001 passed by the 3rd respondent Mr. A. K. Tandon, District Magistrate, Kheri detaining him under sub-section (3) of section 3 of the National Security Act, 1980.

(2.) THE detention order along with the grounds or detention which are also dated 4. 11. 2001, was served on the petitioner-detenue on 4. 11. 2001 itself and their true copies have been annexed as Annexure Nos. 1 and 2 respectively to this petition.

(3.) IN our view, it hardly lies in the mouth of the Detaining Authority to say, as he has said in paragraph 11 of his return, that since his office did not place petitioner-detenue's representation before him, it was not disposed off. After all, he was the Detaining Authority; he had issued the Detention Order; and it was his duty to ensure that his office placed it before him at the earliest, opportunity.