LAWS(ALL)-1988-4-47

RAJENDRA Vs. STATE OF U P

Decided On April 19, 1988
RAJENDRA Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) G. K. Mathur, J. Rajendra and Ram Vilas have filed this petition under Article 226 of the Constitution of India against their detention orders dated 31st December, 1987 passed by Sri K. K. Sinha, District Magistrate, Farrukhabad, under Section 3 (2) of the National Security Act, praying to set them at liberty.

(2.) THE aforesaid detention orders dated 31st December, 1987 were served on the petitioners in jail on the same day along with the grounds of detention. THE orders of detention were approved by the State Government on 9th January, 1988 which was communicated to the petitioners on 11th January, 1988. THE representations made by the petitioners against their detention were forwarded to the State Government by the District Magistrate. THE Advisory Board heard the petitioners on 28th January, 1988 and gave its report to the State Government and the State Government once again examined the entire matter of the petitioners and confirmed the detention of the petitioners for a period of tewlve months from the date of their previous detention orders, dated 20th December, 1987 as mentioned in the counter affidavit of Sri Chandra Pal Singh, Upper Division Assistant in confidential Section 6, U. P. Secre tariat, Lucknow.

(3.) THE learned Deputy Government Advocate made a statement before us that the earlier detention orders dated 20th December, 1987 were passed on the grounds of the disturbance of 'public Order' which have been revoked by the District Magistrate on 31st December, 1987 exercising powers vested in him under Section 14 of the National Security Act, and on the same day impugned orders were passed against the petitioners on the ground of disturbance of maintenance of supplies and service essential to the community.