HAKIM SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This Habeas Corpus writ petition tiled by Hakim Singh under Article 226 of the Constitution is directed against the order of detention dated 18-12-1986 passed by District Magistrate Farrukhahad. Under Section 3(2) of the National Security Act, hereinafter referred to as the Act. The aforesaid order along with grounds of detention was served on the petitioner in jail on the same day. The grounds of detention which are six in numbers read as under: ..(Verunacular Matter Ommited)...

(2.) The petitioner made a representation to the Government on 15-1-87 which was rejected by the State Government on 2/2/1987. The rejection order was communicated to the petitioner on 7-2-87 through the District Magistrate and Superintendent District Jail, Farrukhahad. On 9-2-87 the order of detention was confirmed for 12 months.

(3.) The first point urged by the learned counsel for the petitioner is that the aforesaid order of detention dated 18-12-86 served on the petitioner was not signed by the District Magistrate Farrukhahad therefore he should be released forthwith. On the other hand Sri Prem Prakash learned Deputy Government Advocate has vehemently urged that if the order was signed by the District Magistrate then every copy of the detention order as forwarded to the detenu need not be signed by the detaining authority himself. In support of his contention he has relied on a decision in Mohd. Maqbool v. State of Jammu and Kashmir.