VINOD Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) These two writ petitions have been filed by petitioners Vinod and Sunder respectively challenging the orders dated 8-5-1997 (separately against each of the petitioners) directing their detention under Section 3(2) of the National Security Act. The petitioners have prayed for issue of a writ in the nature of habeas corpus directing them to be released forthwith.

(2.) Petitioner Vinod surrendered before the C.J.M., Meerut on 5-5-1997 in case crime No. 163/97, under Sections 302/376 and 323, IPC, P.S., Sardhana, Meerut and he was taken into custody and thereafter sent to district Jail, Meerut. Petitioner Sunder was arrested in connection with the aforesaid case crime No. 163/1997 on 22-4-1997 and was detained in district jail in connection with the aforesaid case.

(3.) While both the petitioners were in jail in connection with the aforesaid case crime No. 163/1997, under Sections 302/376 and 323, IPC, P.S. Sardhana, district Meerut, the impugned orders dated 8-5-1997 passed separately by the District Magistrate, Meerut along with the grounds of detention Annexures 1 and 2 respectively was served upon them through jail authorities on 9-5-1997. Both the petitioners sent their representations as contained in Annexure 8 through jail authorities on 17-5-1997 to the State Government, the U.P. Advisory Detention Board, Lucknow and the Secretary Government of India Home Ministry. The District Magistrate, Meerut forwarded the representations to the State Government on 24-5-1997 which were received by the State Government on 25-5-1997. Since the representations were not accompanied by parawise comments of the District Magistrate the detaining authority was asked to send the parawise comments. The District Magistrate, Meerut sent the comments on 2-6-1997 which were received by the State Government on 5-6-1997. The State Government rejected the representations on 9-6-1997 and the fact about the rejection of the representations was communicated to the petitioners through the District Magistrate on 16-6-1997. The State Government had also placed the representations of the petitioners before the Advisory Board on 30-5-1997. The Advisory Board had heard the petitioners personally on 13-6-1997 and the Advisory Board had also fixed 13-6-1997 for hearing of the petitioners case. Finally the Advisory Board sent the report dated 23-6-1997 which was again considered by the State Government and finally the order dated 1-7-1997 confirming the detention order was passed which was issued to the petitioners on 2-7-1997.