MOHD SHAKEEL Vs. STATE OF U P

JUDGEMENT

(1.) VISHNU Sahai, J. Though this writ petition preferred under Article 226 of Constitution of India, the petitioner detenu has impugned the order dated 15-1-2002 passed by the second respondent Mr. C. N. Dubey, District Magistrate Gonda detaining him under sub-section (3) of Section 3 of National Security Act. The detention order alognwith the grounds of detention, which are also dated 15-1-2002, was served on the petitioner-detenu on 16-1-2002 and their true copies have been annexed as Annexure Nos. 1 and 2 respectively to this petition.

(2.) THE prejudicial activities of the petitioner-detenu impelling the second respondent to pass the impugned detention order against the petitioner-detenu are contained in the grounds of detention. Since it is common ground between Counsel for the parties that although the impugned detention order was served on the petitioner-detenu on the very next and the petitioner-detenu had a right to make a representation to the detaining authority within 12 days of passing of the detention order or its approval by the State Government whichever is earlier and the petitioner- detenu was not conveyed in the grounds of detention that he had such a right and instead was conveyed that if, he so wanted he could make a representation, this writ petition is liable to succeed on this point. Consequently, we are not adverting to the prejudicial activities of the petitioner-detenu contained in the grounds of detention.

(3.) IN the result, we allow this writ petition quash the impugned detention order dated 15-1-2002 and direct that the petitioner- detenu Mohd. Shakeel be released forthwith unless wanted in some other case. Petition allowed. .