CHEEKU BADLA Vs. SUPERINTENDENT DISTRICT JAIL

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned A.G.A. for the State of U.P.

(2.) This Habeas Corpus Writ Petition has been moved on behalf of the petitioner Cheeku Badla with a prayer to set aside the detention order dated 19.11.2012 passed by District Magistrate, Meerut in exercise of the powers conferred under section 3(2) of the National Security Act and to sat the petitioner on liberty forthwith.

(3.) The facts in brief of this case are that the District Magistrate, Meerut passed the order dated 19.11.2012 in exercise of the powers conferred under section 3(2) of the National Security Act (Here-in-after referred to NSA) and the petitioner has been detained in District Jail, Bulandshahr as ordinary detenu. The copy of the detention order, ground of the detention and all the connected papers were served upon the petitioner on 19.11.2012. The impugned order dated 19.11.2012 has been approved by the State Government on 27.11.2012. The above mentioned documents were also sent to the Central Government by the State Government through speed post letter dated 29.11.2012, the case of the petitioner was referred to Advisory Board by the State Government by sending the detention order, the ground of detention and all other connected papers on 29.11.2012. The representation of the petitioner dated 28.11.2012 along with parawise comments forwarded by the District Magistrate, Meerut to the State Government vide letter dated 1.12.2012, the same was received in the concerned section of the State Government on 13.12.2012. The State Government sent its copy and parawise comments thereon to State Advisory Board and Central Government vide separate letters dated 4.12.2012, the representation of the petitioner was rejected on 7.12.2012 by the State Govt. The rejection of the representation was communicated to the petitioner through district authorities by radiogram dated 10.12.2012.