SYED MOHAMMED ASLAM Vs. STATE OF U P

JUDGEMENT

(1.) By this petitioner under Article 226 of the Constitution of India, Syed Mohammed Aslam, the petitioner, questions the validity of his continued detention by an order dated 28/8/1984 of the District Magistrate, Aligarh, passed under Section 3(8) of the National Security Act, 180 (hereinafter referred to as the Act).

(2.) The petitioner is a resident of 12, Ahmed Nagar, Waris Manzil, Dodhpur, Aligarh. In a report lodged at the Police Station, Civil Lines on 22/8/1985 under Sections 147, 118, 149 and 307 I.P.C. and registered as crime case No. 405, it is alleged that the petitioner with five others committed the aforesaid offences at the hotel of Riaz Ahmad Sherwani on 22/8/1984 at about 9 P.M. On the same evening the petitioner was arrested and sent to jail. Before the petitioner could secure his release on bail, the impugned detention order was passed by the District Magistrate, Aligarh (hereinafter referred to as the detaining authority) on 18.8.1984 and on the same day it was served on the petitioner in jail.

(3.) On 12.9 1984 the petitioner made a representation against his detention which was sent the same day to the State Govt. with the comments of the detaining authority which was received there on 13.9.1984. On 17.9.1984. it was placed before the Advisory Board. It was rejected by the Chief Secretary of the State Govt. on 24.9.1984. The order was further confirmed by the State Govt. on 23.10.1984 after examining the report dated 1.10.1984 of the Advisory Board received by the State Govt. with the covering letter of the Registrar, Advisory Board dated 11.10.1984. On 5.9.1984 the papers were also sent to the Central Govt. -.