R P SHUKIA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Amar Mani Tripathi, Petitioner (hereinafter referred to as the detenu), has filed this Habeas Corpus petition under Article 226 of the Constitution of India, challenging the validity of the detention order, dated 17.11.1984, passed by the District Magistrate, Gorakhpur (hereinafter referred to as the detaining authority), exercising his powers under sub-section (3) of section 3 of the National Security Act, 1980, Act No. 65 of 1980 (hereinafter referred to as the Act), directing his detention under sub-section (2) of section 3 of the Act in District Jail, Gorakhpur. The said detention order is Annexure 1 to the petition. On 27.11.1984, the petitioner detenu was served with the detention order and the grounds and was sent to District Jail, Gorakhpur, when he surrendered before the District Magistrate on that day.

(2.) The detention order and its grounds were received by the State Government on 19.11.1984 and were approved on 23.11.1984. Intimation of approval was sent to the District Magistrate, Gorakhpur on 26.11.1984. The case of the detenu was referred to Advisory Board on 29.11.1984. The representation of the detenu dated 17.12.1984 was received by the State Government on 19.12.1934 from the District Magistrate, Bareilly. The representation was placed before the Advisory Board on 22.12.1984. The representation of the detenu was examined in the Secretariat on various levels as averred in the supplementary counter affidavit filed by Sri Gopal Trivedi, an Upper Division Assistant in the Confidential, Section 5, U.P. Civil Secretariat, Lucknow, and was rejected on 28.12.84. Intimation of rejection of the representation was sent to the detenu on 31.12.84 through the Superintendent, Central Jail, Bareilly.

(3.) The grounds of detention appear is Annexure to the petition which are stated as follows: