MANVEER Vs. MAGISTRATE, BULLANDSHAR AND OTHERS

JUDGEMENT

(1.) This writ petition has been filed by the petitioner for quashing his detention order dated 10-8-2002 passed by District Magistrate, Bulandshahar, respondent no. 1 under Section 3(2) of National Security Act.

(2.) Though the detention order was challenged on various grounds, but the learned counsel for the petitioner has confined his argument only on two points: (1) The representation of the petitioner was not decided by the Central Government, which infringed his fundamental right guaranteed under Article 22(5) of the Constitution of India; and (2) the statements of prosecution witnesses were recorded subsequently and the witnesses turned hostile and did not support the case of prosecution and it shows that detaining authority has not applied his mind.

(3.) Since for decision of above two points, the detailed facts of the case on the basis of which detention order is passed is not essential, we are not adverting to the facts of the case in detail.