RAJENDRA KUMAR Vs. SUPDT DIST JAIL AGRA

JUDGEMENT

(1.) Rajendra Kumar Sharma resident of village Bodla, P.S. Jagdishpura, district Agra has by this petition filed under Art.226 of the Constitution of India challenged his detention made by the District Magistrate, Agra (hereinafter referred to as the detaining authority) by an order dated 2-8-1984 passed under Sec.3(2) of the National Security Act, 1980.

(2.) On 21-7-1984, the petitioner was arrested by the police of P.S. Hariparvat Agra town in connection with Crime No.267 of 1984 in respect of a hank dacoity case on a charge under S.395/109, IPC and was sent to jail on 22-7-1984. On a report dated 29-7-1984 of the police officer at Agra (hereinafter referred to as the reporting authority), the detaining authority passed the impugned order on 2-8-1984 which was served on the petitioner on the same day i.e. on 2-8-1984. The detaining authority sent a copy of the order along with his report to the State Government also on the same day which was approved by the State Government on 10-8-1984. On 9-8-1984 two representations were made against the impugned order. One was made by the petitioner from jail which was sent to the detaining authority who forwarded the same to the State Government on the next day, i.e. on 10-8-1984 and it was received there on 13-8-1984. The other was a Joint representation purported to have been made by five persons including Mahesh Upadhya, M.L.A. The State Government called for the comments of the detaining authority on the representations. The detaining authority sent his comments thereon on 23-8-1984 which was received there on24-8-1984. Both these representations were rejected by the State Government on 30-8-1984. The representation of the petitioner which was received by the State Government on 13-8-1984 was examined by the assistant of the Section concerned on 16-8-1984. i.e. the day following the Independence Day. He then placed the papers before the Joint Secretary concerned on 23-8-1984. The Joint Secretary placed it before the Home Secretary on 26-8-1984. It was thereafter that it was rejected on 30-8-1984 along with the representation received by the State Government, from Mahesh Upadhya, M.L.A. and others.

(3.) In the meantime, i.e. on 21-8-1984, the petitioner made a second representation (described by him as supplementary representation) which was sent by the detaining authority to the State Government on 23-8-1984 and was received there on the same day. This representation was also considered along with the other two representations mentioned above and was rejected by the State Government on 30-8-1984.