DILSHAD Vs. STATE OF U P

JUDGEMENT

(1.) DILSHAD, the detenu petitioner, has invoked our extraordinary jurisdiction under Article 226 of the Constitution of India, through the instant habeas corpus writ petition, with the prayer that his detention order dated 2.8.2008, under the National Security Act, 1980 (hereinafter referred to as the Act), ordered by the detaining authority, respondent No. 3, District Magistrate, Ghaziabad, Annexure-1, to the amendment application, be quashed and he be set at liberty.

(2.) THE grounds of detention, as was supplied to the petitioner under Section 8 of the Act and as is narrated in the counter-affidavit filed by the detaining authority District Magistrate, Ghaziabad, respondent No. 3, is reproduced below :

(3.) THE detention order dated 2.8.2008, alongwith grounds thereof and all connected papers were forwarded to the State Government by the District Magistrate on the same day which was received by it on 4.8.2008. After examining the case of the detenu petitioner in detail, the State Government approved the detention order under Section 3 (4) of the Act, on 8.8.2008, which approval order was communicated to the detenu petitioner on the same day through radio gram and a letter. THE detention order alongwith grounds etc., were also forwarded by the State Government to the Central Government, respondent No. 2, on 11.8.2008, in consonance with Section 3 (5) of the Act.