BRIJBASI PATHAK Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Brijbasi Pathak, the petitioner, has by means of this petition under Article 226 of the Constitution challenged validity of his continued detention.

(2.) The petitioner is under detention in pursuance to an order passed by the District Magistrate, Allahabad, dated 1.10.1984 issued in exercise of powers under section 3(2) of the National Security Act, 1980, hereinafter referred to as the Act as he was satisfied that the petitioners detention was necessary with a view to preventing him from acting in any manner prejudicial to public order on five different grounds. The grounds - mentioned therein are as follows:

(3.) The said order was passed under subsection (2) of section 3 of the National Security Act 1980 and the petitioner was detained on 2.10.84. On 22nd September, 1984 the petitioner submitted representation to the State Government but the same was rejected on 20.11.84. On receipt of the recommendation of the advisory board the State Government confirmed the order of detention on 24. 11.84.