RAM AUTAR Vs. STATE OF U P

JUDGEMENT

(1.) N. L. Ganguly, J. Ram Autar alias Om Prakash filed this Habeas Corpus peti tion for a writ in the nature of habeas corpus commanding the repondents to release the petitioner forthwith and to set the petitioner at liberty. A writ of certiorari is also prayed for quashing the impugned detention order dated 30-1-96 passed by the District Magistrate, Kanpur Nagar.

(2.) THE petitioner was confined to the District Jail, Kanpur Nagar under Sections 147, 148, 149, 302, IPC. , 7, Criminal Law (Amendment) Act and Section 3 (2) (5) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. On 6-12-95 when the petitioner was in District Jail, Kanpur Nagar, the impugned order dated 6-12-95 passed by the District Magistrate, Kanpur Nagar (Annexure-1) along with the grounds of detention was served to him through the Jail Authorities on 7-12-95. THE petitioner submitted his representation on 18-12-95 through the Jail Authorities which was received by the State Government on 20-12-95. THE District Magistrate sent his comments on the representation of the petitioner on 5-1-96 which was received by the State Government on 6-1-96. Reference was made to the Advisory Board and the petitioner was heard on 15-1-96. THE order of detention was confirmed by the State Government on 15-1-96 itself.

(3.) THE petitioner was in jail when the copy of the detention order was served on 6-12-95.