BHOORA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Bhoora has filed this Habeas Corpus Writ Petition under Art.226 of the Constitution, praying for his release after quashing the order of detention dt.1-7-1988, passed against him by the District Magistrate, Aligarh under S.3(2) of the National Security Act (hereinafter referred to as the Act).

(2.) The aforesaid detention order dt.1-7-88 (Annexure I) along with the grounds of detention (Annexure II) were served on the petitioner in jail. The relevant portion of the grounds of detention served on the petitioner reads as under :

(3.) In connection with the aforesaid incident dt.21-6-87 a case crime No.159 of 1987 was registered and the petitioner was arrested on 26-6-87 by the police. The detention order was served while the petitioner was in jail. It was approved by the State Government under S.3(4) of the Act on 9-7-87 after due process. The petitioner made a representation to the State Government which was rejected on 3-8-87. A report to the Central Government as envisaged under S.3(5) of the Act about the detention of the petitioner was made by the State Government on 9-7-87, which was received in the Home Department, Government of India on 13-7-87. The Central Government after due examination of the report decided on 15-7-87 that there was no necessity to interfere with the order of detention approved by the State Government.