ASHOK KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) DISTRICT Magistrate Kaushambi detained the petitioner Ashok Kumar on 29.5.2008 under the National Security Act vide Annexure-4 to this petition and directed him to be detained in Central Jail Naini, Allahabad as an ordinary prisoner, the legality of which detention order has been questioned in this habeas corpus writ petition.

(2.) GROUNDS of detention, which was served to the detenu-petitioner alongwith detention order, indicate that on 30th April, 2008 in between 9.30-11.30 a.m. petitioner alongwith other persons assaulted Sub-Inspector Dinesh Chaturvedi on National Highway No. 2, between Allahabad-Manjhanpur-Kaushambi and blocked the high way by forming an unlawful assembly and thereby disturbed the even tempo of public life. Members of unlawful assembly also torched Truck No. UP70A-1826. It is further noted that they assaulted the police personnels as well, as a result of which cane charging was resorted to and additional police force was deployed for maintenance of law and order and public order.

(3.) THE next ground to challenge the detention order urged before us is worthy to be accepted. Sri Agrawal contended that according to the counter-affidavit filed by the Detaining Authority, respondent No. 5, vide para-7, he received detenu's representation on 11.6.2008 and he asked for comments from the sponsors, which was submitted to him on 19.6.2008. Sri Agrawal contented that there is absolutely no explanation offered by the sponsoring authority for not sending the comments to the Detaining Authority with promptitude. Sri Agrawal further pointed out that, after Detaining Authority received the comments on 19.6.2008, he intentionally and consciously prepared the comments on 28.6.2008 after a delay of 8 days and thereafter rejected the representation on 18.8.2008 an inordinate delay of more than one and half months which delay also remains unexplained. Sri Agrawal submitted that for the aforesaid two reasons, the detention order of the detenu-petitioner cannot be sustained and is liable to be set aside.