MUNNEY KHAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Initially writ petition No. 16223 of 1992 had been filed by Munney Khan and four others. Subsequently the name of remaining four petitioners was deleted by the order dated 11-5-1992 and separate petitions have been filed on their behalf, since all the five petitioners have been detained in pursuance of orders passed by the District Magistrate, Aligarh on the same day and identical grounds have been furnished to them, they are being disposed of by a common order. Writ petition No. 16223/92 on behalf of Munney Khan shall be treated as leading case as necessary documents have been filed in the said petition.

(2.) The District Magistrate passed an order under S. 3(2) of National Security Act (hereinafter referred to as the Act) on 5/02/1992 stating that he was satisfied that with a view to preventing Munney Khan from acting in any manner prejudicial to the maintenance of supplies and services essential to the community, it was necessary to detain him. He accordingly directed the petitioner Munney Khan to be detained in Aligarh jail. The detention order was served upon the petitioner on the same day in jail. The grounds on which the detention order has been passed against the petitioner were also served upon him as required by S. 8 of the Act and they are as follows :-

(3.) The petitioner gave a representation against his detention to the State Government. The case of the petitioner was referred to the Advisory Board which gave opinion to the effect that there was sufficient cause for the detention of the petitioner. After receipt of the opinion of the Advisory Board the State Government confirmed the detention order.