ABDUL RAHMAN Vs. ADHICHHAK JANPAD KARAGAR GHAZIABAD

JUDGEMENT

(1.) Heard Shri Daya Shankar Mishra, learned Senior Advocate assisted by Shri Chandrakesh Mishra, learned counsel for petitioner and Shri Arvind Singh, learned counsel for Union of India and learned A.G.A. for respondent nos. 1 to 3.

(2.) The instant writ petition has been filed seeking quashing of the impugned detention order dtd. 12/7/2023 passed by the respondent no. 2- District Magistrate- Ghaziabad under Sec. 3(2) of the National Security Act, 1980.

(3.) The facts, in brief, are that the petitioner herein was detained vide order dtd. 12/7/2023 passed by the District Magistrate- Ghaziabad under Sec. 3(2) of the Act, 1980 having been authorised under Sec. 3(3) of the Act, 1980. The said order was approved by the State Government under Sec. 3(4) of the Act, 1980 on 18/7/2023 and the matter was referred to Advisory Board. After receiving the report from the Advisory Board, the said detention order was confirmed in terms of Sec. 12 (1) of the Act, 1980 by the State Government on 2/8/2023 whereby the petitioner was detained for a period of three months from the date of initial detention order i.e. 12/7/2023. The detention of the petitioner herein was again extended vide order dtd. 6/10/2023 for a period of six months from the date of initial detention and thereafter the detention of the petitioner has been extended on 9/1/2024 for a period of nine months from the date of initial detention.