SHAMS IQBAL Vs. STATE OF U P

JUDGEMENT

(1.) The present Habeas Corpus Petition is directed against the detention order dated 23.1.85 passed by the District Magistrate, Jaunpur, under Section 3(1) of the National Security Act, 1980, (for short the Act).

(2.) The facts of the case are in a very narrow compass and they are these. The petitioner was earlier detained in the year 1982, under section 30) of the Act and he filed a Habeas Corpus petition in this Court, which was allowed on 20.12.82. Again the petitioner was detained by order dated 23.1.85 under section 3(3) of the Act, (Annexure ito the Petition) and the grounds of detention were given in Annexure 2 to the petition. The grounds of detention translated in English are set out below: -

(3.) The detention order was served on the petitioner. The grounds of detention were disclosed to him and in view of section 8 of the Act, he was also directed to make representation against the order of detention to the State Government and his case would be referred to the Advisory Board under section 10 of the Act and in case he wants personally to be heard in view of section 11 (1) of the Act, he should writ clearly in his representation and that he should make representation through the Superintendent, Jail to the State Government. The petitioner made a representation to the Advisory Board on 5.2.85 through the Superintendent, Jail Jaunpur. Again he made another application (Annexure 32 to the Petition) making a prayer that he has been severely beaten by police and he is not in a proper mental condition and he was afraid that he would not be able to represent his case personally in a proper way; Consequently he wants that his friend Sri Shyam Narain Lal may be permitted to represent his case before the Advisory Board.