MOHAMMAD RAHMAN KHAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Through this writ petition preferred under Art. 226 of the Constitution of India the petitioner-detenu has impugned the order dated 30-12-2001 passed by respondent No. 2 Mr. C. N. Dubey, District Magistrate, Gonda detaining him under sub-section (2) of S. 3 of the National Security Act. The detention order along with grounds of detention which are also dated 30-12-2001 was served on the petitioner-detenu on 31-12-2001 itself and their true copies have been annexed collectively as Annexure 1 to this petition.

(2.) The prejudicial activities of the petitioner-detenu prompting the 2nd respondent to issue the impugned detention order against the petitioner-detenu are contained in the grounds of detention. Since in our view it is common ground between counsel for the parties that the detaining authority only communicated to the petitioner-detenu that if he so wanted he could make a representation to him (the detaining authority) within 12 days of 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 that he had a right to make a representation to the detaining authority, it is not necessary to advert to the prejudicial activities of the petitioner-detenu mentioned in the grounds of detention.

(3.) Learned counsel for respondent Nos.1 to 3 does not dispute that :