RAJU KANNAUJIA Vs. UNION OF INDIA

JUDGEMENT

(1.) THROUGH this writ petition preferred under Article 226 of the Constitution of India, the petitioner detenu, Raju Kannaujia has impugned the order dated 30-9-2002 passed by Mr. Alok Kumar, District Magistrate, Faizabad (opposite party No. 2) detaining him under Section 3 (2) of the National Security Act. The detention order alongwith grounds of detention, which was also dated 30-9-2002, was served on the petitioner-detenu on 30- 9-2002 itself and their true copies have been annexed as Annexure Nos. 1 and 2 respectively to this writ petition.

(2.) THE prejudicial activities of the petitioner-detenu prompting the opposite party No. 2 to issue the impugned detention order against him are contained in the grounds of detention. Since, in our view, a reference to them is not necessary for the adjudication of the pleadings contained in paragraph 14 of the petition and ground-I of paragraph 18 thereof, on which alone this writ petition deserves to succeed, we are not adverting to them.

(3.) MR. A. R. Siddiqui, learned counsel for the petitioner-detenu pointed out that the averments contained in paragraph 14 of the petition have been replied to in paragraph 13 of the return of the detaining authority. He urged that a perusal of the said paragraph shows that the petitioner's representation dated 11-10- 2002 addressed to Home Secretary, State of U. P. was delivered in his office on the said date and on the following day i. e. on 12-10-2002 he alongwith his parawise comments, sent it to Principal Secretary, Home, U. P. Government, which was received by the State Government on that very date (12-10-2002 ). MR. A. R. Siddiqui also invited our attention to paragraph 3 of the return of MR. C. P. Singh, Deputy Secretary, Home and Confidential Department, U. P. , Civil Secretariat, Lucknow. He pointed out that in the said paragraph, it has been averred as under the representation of the petitioner-detenu addressed to the State Government forwarded by the District Magistrate, Faizabad on 12-10-2002, was received in the concerned Section on 17-10-2002. Since 20-10-2002 and 21-10-2002 were public holidays, on account of Sunday and Maharshi Balmiki Jayanti, the concerned section examined it on 22-10-2002. On the said date, the Special Secretary also examined it. On 23-10-2002, it was sent to the Secretary. On 24- 10-2002 it was rejected by the State Government and on 26-10-2002, the petitioner was communicated the factum of rejection.