ARUN KUMAR GUPTA Vs. STALE OF U P

JUDGEMENT

(1.) Arun Kumar Gupta petitioner (hereinafter referred to as detenu) has through this writ petition under Article 226 of the Constitution of India challenged the validity of the detention order dated 16.8.1984 passed by the District Magistrate, Allahabad, under section 3(2) of the National Security Act. 1980 (Act No. 65 of 1980) (hereinafter referred to as the Act) detaining him with a view to prevent him from acting ill any manner prejudicial to the maintenance of public order, and his continued detention under the said order.

(2.) The facts as appearing from the writ petition of the detenu, counter affidavit of Sri B.S. Lalli, the then District Magistrate, Allahabad, and counter affidavit of Sri Vishnu Sahai, Upper Division Assistant, U.P. Secretariate, Lucknow, are that on 6.9.1984 a F.I.R. for offences punishable under sections 307 Indian Penal Code and 4/5 Explosive Act was lodged at P.S. Colenelganj, Allahabad, by one Shirla Prasad against the detenu, Bharat Bhushan Verma, Lallu and Usman. The F.I.R. (Annexure 1 to the writ petition) indicates that the detenu and Bharat Bhushan Verma were arrested on the spot after a chase. The detenu was granted bail by Sessions Judge on 3.8.84 but before he could be released from jail he was served with a detention order dated 16-8-1984 in the jail. The grounds of detention (Annexure 4 to the writ petition) were also served on him the same day. The District Magistrate, i.e., the detaining authority, in compliance of section 3(4) of the Act submitted his report about the detention of the detenu along with the detention order, grounds of detention and other particulars having a bearing in the matter to the State Government which were received there on 17.8.1984. The State Government approved the detention order on 22.8.1984 (within 12 days of the detention order). This approval was communicated to the District Magistrate on 25.8.1984. Simultaneously a report was submitted to the Central Government on that very day in compliance with the provisions of section 3(5) of the Act.

(3.) The detenu submitted his representation against the detention order on 5.9.1984 to the Superintendent, Central Jail Naini, Allahabad. The said representation was received by the District Magistrate on 6.9.1984 and the same was sent to the Senior Superintendent of Police, Allahabad that very day for comments thereupon. The Id-ul-Zuha fell on 7th and 8th September, 1984. The comments of the Senior Superintendent of Police, Allahabad, were sent to the District Magistrate on 11.9.1984. The District Magistrate sent the representation of the detenu along with his comments to the State Government on 19.9.1984 (after a gap of 8 days). The said comments of the District Magistrate along with I the said representation of the detenu were received by the State Government on 20.9.1984. The section concerned in the Secretariat put up its more thereon on 22.9.1984 and thereafter the said representation was placed before the Advisory Board on 24.9.1984.