VIJAY SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Through the present application under Article 226 of the Constitution of India the petitioner has challenged his order of detention dated 2.6.97 recorded by the District Magistrate, Fatehgarh, Farrukhabad, under Section 3 (2) of the National Security Act. A prayer has been made for quashing the detention order and for setting the petitioner at liberty forthwith. The State of U. P. through Home Secretary, Lucknow. the District Magistrate. Fatehgarh, Farrukhabad, Senior Superintendent of Police, Fatehgarh. Farrukhabad and Jail Superintendent, District Jail, Lucknow. were noticed as respondents and counter-affidavits were filed by the respondents.

(2.) The detention order was annexed as Annexure-6 to the writ petition. It was stated therein that the District Magistrate, Fatehgarh, Farrukhabad. was satisfied that detention of the petitioner was necessary to prevent him from committing acts prejudicial to the maintenance of public order. Accordingly, the detention order was recorded on 2.6.97 under Section 3 (2) of the National Security Act directing his detention in Lucknow Jail.

(3.) The detention order was appended with the grounds as required under the law. In the grounds, it was stated that by an order dated 2.6,97 the petitioner had been detained under Section 3 (2) of the National Security Act and the grounds were being communicated to him as required under Section 8 of the Act. The grounds were as follows :