SANAWWAR Vs. STATE OF U P

JUDGEMENT

(1.) A. S. Tripathi, J. This Hebeas Corpus writ petition has been filed under Article 226 of the Constitution of India by the petitioner, Sanawwar son of Naththa, resident of village Hasangarh, P. S, Khurja Dehat, district Bulandshahr, praying for quasing the detention order, dated 25-3-1992 passed by the District Magistrate, Bulandshahr.

(2.) THE petitioner has been detained by an order dated 25-3-1992 passed by the District Magistrate, Bulandshahr detaining the petitioner under the provisions of Section 3 (2) of the National Security Act, 1980 (Act No. 65 of 1980; (hereinafter called the Act ). In the impugned detention order the District Magistrate has mentioned that he is satisfied that the activities of the petitioner have disturbed the public order in the locality. Three instances have been mentioned as grounds for detention.

(3.) THE respondents have denied the allegations made in the writ petition. According to the respondents the activities of the petitioner had created terror in the area which amounts to disturbance of public order. THE contents of the detention order were explained to the petitioner. THE detention order was sent to the Central Government in time. THE detention order was sent to the State Government with all the relevant documents on 25-3-1992 itself and after examining the matter in detail the State Government approved the order of detention on 31-3-1992. Approval of the detention order was reported to the Government of India on 2-4-1992 and was received by Secretary, Ministry of Home Affairs, New Delhi on 3-4-1992 within seven days from the date of approval.