MOHAMMAD YAMEEN Vs. ADHIKSHAK JANPAD KARAGAR

JUDGEMENT

(1.) BY means of this Habeas Corpus Writ Petition filed under Article 226 of the Constitution of India the petitioner, Mohd. Yameen has challenged the order of his detention dated 5-11-1985 (Annexure I to the writ petition), passed under Section 3 (2) of the National Security Act (hereinafter referred to as the Act) by the District Magistrate, Moradabad.

(2.) THE aforesaid order of detention was served on the petitioner on the same day, i.e. 5-11-1985 and he was taken into custody. THE grounds of detention (Annexure II to the petition) along with ten enclosures were handed over to the petitioner in jail on 7-11-1985. THE grounds of detention of the petitioner as given in Annexure II are in short as under :

(3.) THEREAFTER according to the allegations made in the petition another representation dated 9-1-86 under Section 14 of the Act was sent by Sri D. S. Misra, Advocate, High Court, Allahabad on the direction and advice of the petitioner to the Central Government and the State Government through the President of India and the Governor of U. P. respectively by registered posts. It is also alleged that the said representation was received by the Governor of U. P. on 11-1-86 ; but the disposal and decision of that representation has not been communicated to the petitioner. But the receipt of this representation dated 9-1-86 is not admitted by the State of U. P. It is further alleged in paragraph 3 of the supplementary re-joinder affidavit filed by Mohd. Saleem son of Mohd. Yamin on behalf of the petitioner that after receiving the copy of the representation dated 9-1-86 from the Central Government, the same has not been disposed of expeditiously. However, the said representation was received in the office of the President of India on 13-1-86 and sent to Home Ministry, which was received on 22-1-86, where it was disposed of on 26-2-86 after obtaining comments from the U. P. Government. It is further alleged in paragraphs 19 and 20 of the petition that copies of daily report No. 542 dated 25-9-85 and daily report No. 555 mentioned in reports Nos.548 and 557 respectively were not supplied to the petitioner along with the grounds of detention which contravene the provisions of Sections 3 (4) and 3 (5) of the Act, and as such his detention is illegal. Hence the present writ petition has been filed on 4-2-86.