SHAMSHER YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has filed the present habeas corpus petition challenging the detention order 25.3.2005 (Annexure 1 to the writ petition) passed by the District Magistrate, Mau, exercising power under Section 3 (3) of the National Security Act, 1980 (hereinafter referred to as the Act'). The grounds of detention under Section 8 of the Act as perceptible from Annexure 2 to the writ petition are -

(2.) On these grounds the detention order was passed to desist the petitioner from indulging in any activity prejudicial to maintenance of public order. The petitioner was served with the grounds of detention on the same day i.e. 25.3.2005 by Deputy Jailor, District Jail, Mau. The petitioner was also informed by the detaining authority, respondent No.3 that he has got a right to make a representation to the detaining authority and the State Government, Advisory Board and Union of India under Sections 9,10 and 14 of the Act. The detention of the petitioner was approved by the State Government on 3.4.2005 under Section 3 (4) of the Act and the approval was sent to the Central Government on 5.4.2005 through speed post as is provided under Section 3 (5) of the Act. The petitioner made representation on 4.4.2005 to various authorities through Jailor, received in the office of the District Magistrate on the same day.

(3.) The District Magistrate sought certain clarification on the said report from the Superintendent of Police who, in his turn, after collecting the information from S.O. concerned submitted a report to the District Magistrate on 8.4.2005. The District Magistrate, however, sent the said representation along with his parawise comments to the State Government through special messenger on 21.4.2005. which was received in Home Department, U.P. Government Lucknow, on 25.4.2005. The concerned section of the State Government prepared a detailed note on 26.4.2005 and Sri Babu Lal, under Secretary Home (Confidential Department) U.P., who has filed a counter-affidavit on behalf of State respondent No. 2 in the present habeas corpus petition, examined it on 27.4. 2005 and submitted it to the Secretary. The Secretary examined it on 27.4.2005 and submitted it to the higher authorities for final orders of the State Government and State Government rejected the representation on 28.4.2005, which was communicated to the detenu on 2.5.2005. The State Government also referred the case of the petitioner to the Advisory Board along with the grounds of detention and all connected papers on 4.4.2005 in accordance with Section 10 of the Act. On 25.4.2005 the petitioner was produced before the Advisory Board and the Advisory Board vide its letter dated 6.5.2005 opined that there was sufficient ground for detention of the petitioner. The said letter was received by the State Government, on 9.5.2005. Thereafter the State Government considered the matter de-novo and finally confirmed the detention order for the period of twelve months from the date of his detention. The said confirmation dated 13.5.2005 was received on 27.5.2005, in jail and the same was communicated to the detenu.