SAYEED Vs. STATE OF UP

JUDGEMENT

(1.) HEARD Sri Apul Misra, learned Counsel for the petitioner, learned A.G.A. for the State of U.P. and Sri Amit Sinha, learned Counsel for Union of India. This habeas corpus petition has been filed on behalf of the petitioner Sayeed with the prayers that:

(2.) THE above mentioned prayer has been made on the following grounds:

(3.) IN the grounds of detention, the Detaining Authority has clearly mentioned that in a case of the murder, the petitioner had moved the bail application which was pending in the High Court and there was real possibility of releasing him on bail and on releasing on bail, there was all probability that he may indulge in prejudicial activities. The impugned order, the grounds of detention and all other relevant documents were served upon the petitioner through the Jail Authority on 2.3.2013, to afford him the earliest opportunity for making an effective representation. The detention order was approved by the State Government on 8.3.2013, its communication was duly made to the petitioner. There was no delay in approving the detention order. The copy of the detention order, the grounds of detention and all other connected papers received from the District Magistrate, Bulandshahar were sent to the Central Government by Speed Post and letter dated 11.3.2013 within time as required under section 3(5) of NSA. The case of the petitioner was referred to the Advisory Board by the State Government on 11.3.2013 well within time as required under section 10 of the NSA. The Advisory Board by its letter dated 16.3.2013 informed the State Government that the case of the petitioner will be taken up for hearing on 21.3.2013 and directed that the petitioner be informed that if he desires to attend the hearing before the Advisory Board, along with his next friend (non -advocate), he could do so and be allowed to take his next friend along with him, if he had so requested. It was also duly communicated to the petitioner.