KAMLESH TIWARI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. H.S. Jain, learned counsel for the petitioner as well as Mr. Rajendra Kumar Dwivedi, learned Additional Government Advocate.

(2.) The petitioner has assailed the order dated 09 December 2015 issued by the District Magistrate, Lucknow in exercise of power provided under Section Sub-section (3) of Section 3 of National Security Act, 1980 (in short Act, 1980) whereby the petitioner has been detained under custody of the Superintendent, District Jail, Lucknow.

(3.) A First Information Report was registered against the petitioner as Case Crime No. 8 of 2015, under Sections 153 Ka, 295 Ka, 298/500 Indian Penal Code. However, the learned counsel for the petitioner has raised only a legal issue to deal with the order of detention, he has submitted that proviso to sub-section (3) of Section 3 of the Act, 1980 does not permit the extension of detention at the first instance for more than three months unless the Government is satisfied that it is necessary to amend the order to extend the period from time to time. The proviso to Section 3 (3) of the Act, 1980 has further provided that the extended period shall not exceed three months at any time.