RAJENDRA Vs. DISTT SUPDT JAIL

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India is directed against detention order Dt/ - 16th October, 1982 recorded by Sri B.B. Sinha, District Magistrate, Morada -bad, questioning the validity of the con -tinuous detention of the detenu under the provisions of National Security Act.

(2.) THE detenu surrendered on 20th October 1982 and is in detention since then.

(3.) IT appears that the validity of the impugned order has mainly been assailed on the grounds laid by the petitioner in paras Nos.25, 26 and 27 of his petition. It was laid in paragraph No.25 of the petition that on 3rd December, 1981 the petitioner demanded 12 papers which were relevant to the preferring of re -presentation by the detenu and were pertinent to the grounds relied upon by the detaining authority. It ap -pears that all those documents were not supplied to the detenu; in para No.16 of the Counter -Affidavit dated 17 -11 -1982 filed by Sri B.B. Sinha it was conceded that the papers mentioned at Serial No.107 and part of the material men -tioned in para. No.9 viz. statements under Section 161 of Cr.P.C. were not supplied to the detenu. The explanation offered for the non -supply of the said documents was that as charge -sheet has been submitted in the case against co -accused and the petitioner was to be put up for identification on 3rd Dec -ember, 1982 so these documents were withheld. It was further averred that two out of three identifiers correctly identified the petitioner in the Test Identification Parade and so the aforesaid documents were to be supplied to the detenu through court as they shall be submitted along with the charge -sheet under Section 173(5) of the Cr.P.C.