NANDU ALIAS NAND KISHORE Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri S.N. Yadav, learned counsel for the petitioner, Sri Sudhir Mehrotra, learned A.G.A. for the State of U.P. and Sri Ishant Shishu, appearing on behalf of the Union of India. This habeas corpus writ petition has been filed by the petitioner Nandu alias Nand Kishore with a prayer to:--

(2.) The facts in brief of this case are that the District Magistrate, Firozabad passed the order dated 25.2.2012 in exercise of power conferred under section 3(3) of the National Security Act (hereinafter referred to as the NSA) by directing the petitioner to be detained as ordinary prisoner in district jail Firozabad under section 3(2) of the NSA, copy of the impugned order dated 25.2.2012, its grounds and all other connected papers were served upon the petitioner on the same day in jail through the Superintendent of Jail, Firozabad, a copy of the order dated 25.2.2012, grounds of detention and other connected papers were forwarded by the District Magistrate Firozabad to the State Government vide letter dated 25.2.2012, the same was received in the concerned section of the office of the State Government on 28.2.2012, the State Government after examining the matter approved the order of detention on 2.3.2012, the order of approval was communicated to the petitioner through the District Authority by sending the radiogram and the letter both dated 5.3.2012, copy of the detention order, grounds of detention and other connected papers received from the District Magistrate, Firozabad were sent to the Central Government by the speed post on 6.3.2012, the case of the petitioner was referred by the State Government to the Advisory Board by forwarding the copy of the detention order, grounds of detention and other connected papers on 5.3.2012. The petitioner submitted his representation dated 5.3.2012 to the Superintendent of Jail Firozabad, which was sent to the District Magistrate, Firozabad on the same day i.e. 5.3.2012. The representation dated 5.3.2012 was rejected by the District Magistrate Firozabad on 5.3.2012, copy of the order dated 5.3.2012, was received by the Superintendent District Jail Firozabad on the same day, and it was served upon the petitioner on 5.3.2012. The District Magistrate, Firozabad forwarded the copy of the representation dated 5.3.2012 along with the parawise comments to the State Government vide its letter dated 5.3.2012, which was received in the concerned section of the office of the State Government on 6.3.2012, the copy of the representation along with the parawise comments was sent to the U.P. Advisory Board and Central Government vide its separate letter dated 9.3.2012, thereafter, the State Government examined the representation of the petitioner and it was rejected on 14.3.2012, copy of the order dated 14.3.2012 was communicated to the petitioner through the District Authorities by sending the radiogram dated 16.3.2012, the same was received by the Jail authority on 17.3.2012 and it was communicated to the petitioner on 17.3.2012, the Advisory Board by its letter dated 14.3.2012 informed the State Government that the petition will be taken up for hearing on 19.3.2012 and directed that the petitioner be informed that if he desires to attend the hearing before the Advisory Board along with his next friend (non advocate) he could do so and be allowed to take his next friend along with him, if he so requested, this fact was communicated to the petitioner through the district authority by the State Government by radiogram dated 14.3.2012. The petitioner appeared for hearing before the Advisory Board on 19.3.2012, the Board on that date heard the petitioner in person, considered his representation and gave its report expressing therein its opinion that there was sufficient cause for detaining the petitioner. This report and the record of the case was received in the concerned section of the State Government on 3.4.2012 sent by the registrar vide letter dated 3.4.2012, on receipt of the report of the Advisory Board, the State Government once again examined afresh the entire case of the petitioner along with the opinion of the Advisory Board and took decision to confirm the detention order and also for keeping the petitioner under detention for a period of 12 months on 9.4.2012. The order dated 9.4.2012 was communicated by the State Government to the petitioner through radiogram and letter both dated 9.4.2012. The radiogram was received in district jail Firozabad on 10.4.2012 on the same day, it was communicated to the petitioner. The letter sent by the Government in this regard was received in District Jail Firozabad on 12.4.2012 on the same day, it was served upon the petitioner.

(3.) The representation dated 5.3.2012 and parawise comments were forwarded to the Central Government in the Ministry of Home Affairs by the State Government through letter dated 5.3.2012 the same was received in the concerned section of the Ministry of Home Affairs on 7.3.2012. The representation was put up for consideration before the Union Home Secretary (who has been delegated with powers by the Central Government to decide such cases) on 19.3.2012. The Union Home Secretary rejected the representation of the petitioner on 20.3.2012 and sent the file back to the Joint Secretary which was received in the section of the office of the Joint Secretary on 22.3.2012, accordingly the wireless message dated 22.3.2012 was sent to Home Secretary, U.P. Lucknow, Superintendent District Jail, Firozabad, District Magistrate, Firozabad and the detenu informing that the representation of the petitioner was considered and rejected by the Central Government. A copy of this wireless message was also sent on 23.3.2012 by post to detenu through Superintendent District Jail, Firozabad. Its information was received at District Jail, Firozabad on 24.3.2012 and on the same day it was communicated to the petitioner.