MANOHAR Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1, 2 and 3; and Sri Thakur Azad Singh for the respondent no.5.

(2.) The instant petition seeks quashing of the detention order dated 23.08.2018 passed by the District Magistrate, Gorakhpur as also the confirmation order dated 09.10.2018 and the subsequent orders dated 19.11.2018 and 21.02.2019 extending the period of detention under the provisions of the National Security Act, 1980 (for short the Act, 1980) with a prayer that the petitioner be produced before the court and be set at liberty.

(3.) At the outset, the learned counsel for the petitioner has invited attention of the Court to the confirmation order dated 09th October 2018, which is appended as Annexure No.5 (at page 81) to the petition. He has submitted that a bare reading of the confirmation order passed in exercise of power under Section 12 (1) of the Act, 1980 would reveal that the same has been passed without applying the mind to the report submitted by the Advisory Board in respect of the petitioner (Manohar) but has been passed after considering report submitted in respect of another person, namely, Tafazzul Hasan.