RAM KRISHNA SINGH Vs. STATE OF U P

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 Section 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 Section 8 of the Act were communicated to the petitioner. Those grounds translated in English read as follows :-

(3.) SRI Shukla urged that Section 5-A as added by Ordinance No. 6 of 1984 (with effect from 21-6-1984) was invalid, unconstitutional and violative of Articles 14, 19, 21 and 22 of the Constitution, the petitioner was not heard by the Advisory Board, that ground nos.1 and 2 were of the period of 3-4-1983 and 2-3-1984 but no order of detention was passed during 1984 and as late as on 15-2-1985 the order of detention has been passed. Those grounds are stale and have no nexus with the opinion formed by the District Magistrate leading to the order of detention. It was also urged that in any case these grounds did not make out a case for maintenance of public order, rather these were the grounds relating to the law and order and were illegally made the basis of the order of detention which was beyond the scope of Section 3 (2) of the Act.