BABU ALI Vs. SUPERINTENDENT

JUDGEMENT

(1.) By this petition dated 1/2.9.1983 under Article 226 of tire Constitution of India Babu Ali petitioner (hereinafter) referred to as the detenu) impugns the validity of his detention authorised under order dated 30.10.1982 passed by the District Magistrate. Moradabad in exercise of his powers under Section 3(3) of the National Security Act 1980 (Act No. 65 of 1980) (hereinafter referred to as the Act).

(2.) On 21st September, 1982 Sri Dharam Vir Singh, Station Officer, Police Station Moghalpura District Moradabad lodged a first information report in connection with offence under Sections 141/353/153-A of the, Indian Penal Code and Section 7 of the Criminal Law Amendment. Act. The detenu (Petitioner Babu son of Niyamat) was one of the persons, who was said to have committed the said offence.

(3.) The detention order against the detenu was passed on 30.10.1982. It was confirmed by the State Government on 8.11.1982. The report of approval of the detention order together with the grounds of detention and other particulars were forwarded to Central Government on the same date i.e. 8.11.1982. The detenu was arrested under Section 25 Arms Act on 13.8.1982 and lodged in District Jail, Moradabad on 14.8.1983. The order of detention alongwith the grounds thereof were served on him on 16.8.1983. He made the representation on 9.9.1983 which alongwith the comments of the District Magistrate were received in confidential Section 6 of the State Government on 17.9.1983 alongwith the covering letter dated 14/17.9.1983. The said representation was directly sent by the District Magistrate to the Advisory Board on 14/17.9.1983. The had also sent a representation addressed to the Secretary to Home Department, Government of India alongwith his representation dated 9.9.1983. The representation meant for Central Government was sent there on 20.9.1983 for consideration. The State Government had referred the case of the detenu to the Advisory Board on 18.9.1983. On that very date the Central Government was also informed that the detenu was detained in the District Jail, Moradabad since 14.8.1983. The representation dated 9.9.1983 was examined by the confidential section and a detailed note was put up on 19.9.1983. The Joint Secretary Home and the Home Secretary examined the said representation on 20.9.1983, and it was finally rejected by the Honble Chief Minister on 22.9.1983. The intimation of rejection was sent both to District Magistrate, Moradabad and Superintendent District Jail, Moradabad on the some day. The Advisory Board fixed 27.9.1983 as the date for hearing of the detenus case.