GUDDU SINGH Vs. DISTRICT MAGISTRATE KHERI

JUDGEMENT

(1.) Through this writ petition preferred under Article 226 of the Constitution of India, the petitioner detenu Guddu Singh has impugned the order dated 3-8-2002, passed by the first respondent Mr. V. K. Varshney, District Magistrate Kheri detaining him under Section 3 (3) of the National Security Act. (actually it should have been Section 3 (2) of the National Security Act). The detention order along with the grounds of detention, which are also dated 3-8-2002 was served on the petitioner-detenu on 3-8-2002 itself and their true copies have been annexed as Annexure Nos. 1 and 2 respectively to the writ petition.

(2.) The prejudicial activities of the petitioner detenu impelling the first respondent to issue the impugned detention order against him are contained in Annexure No. 2. A perusal of Annexure No. 2 would show that the impugned order is founded on a solitary CR No. 168 of 2002 under Sections 147/148/149/302/307/452/379/504 IPC and 3 (2) (V) of ST/ST Act of P. S. Maigalganj, district Kheri, which was registered on the basis of a complaint dated 25-7-2002 lodged by Rajendra Prasad Raidas at the said Police Station. Since in our view, this writ petition deserves to succeed, on the averments contained in Paragraph 26 of the petition and ground 29 (h) thereof, we are not adverting to the prejudicial activities of the petitioner-detenu pertaining to said C.R.

(3.) We have heard learned counsel for the parties. The pleading in Paragraph 26 of the petition and ground 29 (h) thereof is that on account of non-communication by the detaining authority about time period in which the petitioner could make a representation to the detaining authority the detention order is rendered violative of Article 22 (5) of the Constitution of India.