ASHOK KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) Ashok Kumar Dixit alias Babban son of Sri Sita Ram Dixit, resident of 35/119, Bengali Mohal, P.S. Kotwali, Kanpur has, by means of this petition filed under Article 226 of the Constitution of India, challenged the order dated 11.7.1984 passed by the District Magistrate, Kanpur (hereinafter referred to as the detaining authority) under Section 3(2) of the National Security Act and approved by the State Government on 19.7.1984.

(2.) The order of detention dated 11.7. 1984 could not be given effect to before 9.3.1985 because the petitioner was during this period absconding and could not be arrested earlier despite all efforts.

(3.) On 20.3.1985 the petitioner made a representation against his detention which was received by the State Government on 23.3.1985. The State Government placed his representation before the Advisory Board on 27.3.1985. The representation of the petitioner was rejected by the State Government on 1.4.1985. Its rejection was communicated to the petitioner on 2.4.1985. This order was received by the petitioner on 9.4.1985. The Advisory Board gave a hearing to the petitioner on 17.4.1985. After considering the recommendations of the Advisory Board, the State Government confirmed the detention of the petitioner on 2.5.1985.