LAWS(ALL)-2009-1-154

RAJIV MISHRA Vs. STATE OF U P

Decided On January 23, 2009
RAJIV 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 6-12-2007 (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.

(3.) FROM a perusal of the averments made in the Writ Petition as also in the Counter affidavits, the facts as stated here-in-after, emerge.