PRADEEP SINGH Vs. ADHIKSHAK MANDAL/JANPAD KARAGAR GORAKHPUR

JUDGEMENT

(1.) PANKAJ Mithal, J. An order of preventive detention has been clamped upon petitioner by the District Magistrate, Gorakhpur on 21-4-2006 under Section 3 (2) of the National Security Act, 1980 (hereinafter referred to as the Act) while he was in jail in connection with other crimes.

(2.) THE said detention order has been impugned in the writ petition and a prayer has been made to set him at liberty as his continued detention is bad in law.

(3.) THE representation of the petitioner was rejected by the detaining authority i. e. the District Magistrate as well as by the State Government. THE representation of the petitioner was simultaneously forwarded to the Central Government alongwith the necessary documents directly by the District Magistrate vide his letter dated 3-5-2006 and by the State Government by speed post vide letter dated 4-5-2006. THE representation of the petitioner, both ways as aforesaid, was received by the Ministry of Home Affairs on 15-5-2006. THE representation was finally rejected on 13-7-2006 and its rejection was duly communicated to the petitioner. Learned Counsel for the petitioner submitted that the offences or the incidents which forms the basis of detention are old incidents and the preventive detention on such stale matters is not justified.