LAWS(ALL)-2015-9-37

MANOJ JAISWAL Vs. UNION OF INDIA AND ORS.

Decided On September 30, 2015
Manoj Jaiswal Appellant
V/S
Union of India And Ors. Respondents

JUDGEMENT

(1.) THIS is a petition through jail under Section 226 of the Constitution for issuance of a writ of Habeas Corpus by Manoj Jaiswal, who has been detained by an order of detention dated 11.10.2014 passed by the District Magistrate, Barabanki, under sub -section (2) of section 3 of the National Security Act, 1980 (for brevity 'Act') with a view to prevent him from acting in any manner prejudicial to the maintenance of public order.

(2.) THE grounds of detention, as communicated to the detenue by the District Magistrate on the basis of which the detention order was passed, are as follows:

(3.) IN response to the rule nisi, Sri Yogeshwar Ram Mishra the District Magistrate, Barabanki, who had passed the impugned order, has filed a counter affidavit to which the petitioner has filed his rejoinder affidavit. In his counter affidavit, the District Magistrate has explained the circumstances which led to the issuance of the detention order. In the counter affidavit, the allegations made by the detenu have been controverted and it has been unequivocally stated that the Constitution safeguards of Article 22(5) and that of section 8 of the Act, have been strictly complied with.