MOHAMMAD ISMAIL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Through this petition under Art.226 of the Constitution the petitioner has prayed that the detention order passed by the District Magistrate, Unnao, under Section 3 of the National Security Act against the petitioner be quashed. The petitioner was a Pradhan of village Sainta in the District of Unnao and had held that office for a considerable period. He was re-elected to this office in the last general elections. It was contended that there was election rivalary in the village and on that account he had been falsely implicated at the instance of his rivals in several criminal cases. The District Magistrate, Unnao, by his order dated 10th August 1983 passed in exercise of the powers under sub-sec.(3) of S.3 of the National Security Act ordered the petitioner to be detained. The grounds of detention contained in Annexure-2 were also formulated on 10-8-83 and were duly served.

(2.) The petitioner has now challenged his detention on various grounds contending inter alia that several of the cases mentioned in the grounds of detention were such which were not referable to public order. It has also been averred that in one of the cases the petitioner was not even challaned and yet the District Magistrate has mentioned in the grounds of detention that a case against the petitioner for that offence was pending. The contention accordingly was that these grounds, which were irrelevant and some of which were virtually non existent, had also influenced the mind of the detaining authority in passing the impugned order of detention and on that ground the order of detention was liable to be quashed.

(3.) We have heard the learned counsel for the petitioner as also for the State and have also perused the counter affidavit filed by the District Magistrate, Unnao, opposite party No.2.