MILAN KUMAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This Criminal Misc. Habeas Corpus Writ Petition filed by one Milan Kumar, resident of 208-A, Southern Dalmandi, Police Station Sadar Bazar, Meerut is directed against the detention order dated 8-6-1987 (Annexure 11) passed by the District Magistrate, Meerut under Section 3(2), of the National Security Act (herein-after called the Act in exercise of powers under Section 3(3) of the Act. The aforesaid detention order was served on the petitioner on the same day at his residence along with the grounds of detention, which read as under: ..(Verunacular Matter Ommited)..

(2.) The petitioner made his representation against the aforesaid detention order to the State Government on 12/6/1987, which was rejected on 22/6/1987 after due process. The fact about the rejection of the aforesaid representation was conveyed to the petitioner through the District authorities on 22/6/1987. The matter was referred to the Advisory Board, which heard the petitioner on 21/7/1987 and submitted its opinion to the State Government. Thereafter, the detention of the petitioner was confirmed by the State Government on 3/8/1987 for a period of twelve months from the date of his detention.

(3.) The main point urged by the learned counsel for the petitioner in this Habeas Corpus Writ Petition is that the allegation of the petitioner regarding inciting of communal frenzy or whipping up of communal passions being wholly vague, the same could not form basis for the detention of the petitioner. Therefore, the satisfaction of the District Magistrate is wholly mechanical and has been arrived at on wholly extraneous considerations, which vitiates the detention.