LAIQ ABBAS Vs. DISTRICT MAGISTRATE LUCKNOW

JUDGEMENT

(1.) S. H. A. Raza, J. The District Magistrate, Lucknow, on 7-3-1998, passed an order of detention of the petitioner under National Security Act (hereinafter referred to as the Act' ). The said order was served upon the detenu on 8-3-1998 alongwith the grounds of detention while he was already in jail. The District Magistrate, Lucknow, sent the papers to the State Government for approval under Section 3 (4) of the Act vide his letter dated 8-3-1998 itself which was received by the Government on 9-3-1998. The Stale Government, after the receipt of papers far approval examined the same and ap proved the detention of the petitioner under Section 3 (4) of the said Act on 12-3-1998, within a period of 12 days from the date of detention order. The Government made a reference, under Section 3 (5) of the Act to the Government of India on 16-3-1998 which was received on 18-3-1998. The State Govt. also made a refer ence, as provided under Section 10 of the Act, to the Advisory Board on 16-3-1998.

(2.) THE petitioner referred a repre sentation on 30-3-1998 which was received by the State Government vide District Magistrate's letter 4-4-1998 alongwith the comment. THE State Government sent copies of the representation alongwith comments to the Advisory Board on 6-4-1998. THE representation of the petitioner alongwith comments was also sent to the Secretary, Government of India, Ministry of Home Affairs,new Delhi, on 6-4-1998.

(3.) THE representation dated 30-3-1998 from the petitioner was received by the Central Government, Ministry of Home Affairs, on 17-4-1998 through the Government of Uttar Pradesh. This repre sentation was immediately processed for consideration and it was found that certain vital information (opinion of the Advisory Board) required for its further considera tion was needed and the same was sought for through crash wireless message dated 21-4-1998.