RAM KRIPAL SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) By this petition under Art. 226 of the Constitution the petitioner has challenged the order of detention dated 15-2-1985 passed under S. 3(2) of the National Security Act, 1980 (for short the Act) by the District Magistrate, Deoria. The impugned order has been passed on the basis of the grounds that the District Magistrate was satisfied that with a view to prevent the petitioner from acting in any manner prejudicial to the maintenance of the public order the detention of the petitioner was inevitable.

(2.) The grounds of detention as required by Sec. 8 of the Act were communicated to the petitioner. Those grounds translated in English read as follows : -

(3.) The petitioner was also directed to make a representation against the order of detention to the appropriate Government. The petitioner had made the representation to the State Government which was in fact placed before the Advisory Board constituted under S. 9 of the Act. The grounds of detention were also placed by the State Government before the Advisory Board as required by S. 10 of the Act. The Advisory Board after hearing the petitioner, as provided under S. 11, submitted its opinion to the State Government to the effect that there was sufficient cause for continued detention of the petitioner. This is how the petitioner is in continued detention.