LAWS(ALL)-1993-3-49

GULAB SANJEEVAN YADAV Vs. STATE OF U P

Decided On March 26, 1993
GULAB SANJEEVAN YADAV Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) This petition has been filed by the petitioner Gulab Sajeevan Yadav praying that the order of detention passed by the District Magistrate, Allahabad against the petitioner on 5.6.1992 (Annexure No.1 to the petition) he quashed.

(2.) The facts of the case, as appear from the writ petition and other material on record including the affidavits filed on behalf of the petitioner and the opposite parties, are that on 5.6.1992 Shri Subhash Kumar, District Magistrate, Allahabad passed the impugned order under sub section (2) of Section 3 of the National Security Act, 1980. Eight grounds were mentioned in the order on the basis of which the detention order was passed. The petitioner filed representations against the detention order. The detention of the petitioner was approved by the Advisory Board and confirmed by the State Government. The Central Government also rejected the representation made by the petitioner.

(3.) In his arguments the counsel for the petitioner raised only two grounds, on the basis of which he has sought the quashing of the detention order. Some other grounds were also mentioned in the petition, but no Judgment has been advanced in respect of the same. The two grounds which have been argued by the learned counsel for the petitioner are: