LAWS(ALL)-2009-1-233

ANIL MISHRA Vs. STATE OF UTTAR PRADESH

Decided On January 23, 2009
ANIL MISHRA Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) The present Habeas Corpus Petition has been filed by the petitioner under Article 226 of the Constitution of India, inter-alia, praying for quashing the impugned detention order dated 29-11-2007 (Annexure 1 to the Writ Petition) passed by the District Magistrate, Gorakhpur (Respondent No. 2), detaining petitioner under Section 3 (2) of the National Security Act, 1980 (in short "the N.S. Act"), and further, for directing the respondents to set the petitioner at liberty forthwith.

(2.) Counter Affidavits have been filed on behalf of the respondents. The petitioner has filed rejoinder affidavit.

(3.) From a perusal of the averments made in the Writ Petition as also in the Counter Affidavits and the Rejoinder Affidavit, the facts as stated here-in-after, emerge.