SONU Vs. STATE OF U P

JUDGEMENT

(1.) We have heard Sri S.A. Imam for the petitioner; the learned A.G.A. for respondents 1, 3, 4 and 5; Sri Prahlad Kumar Khare for the respondent no. 2; and have perused the record.

(2.) This habeas corpus petition questions the detention of the petitioner under the provisions of the National Security Act, 1980 (for short 'Act, 1980') pursuant to a detention order dated 11.12.2018 passed by the District Magistrate, Bulandshahar (for short D.M.) in exercise of powers conferred upon him by Section 3(3) read with Section 3(2) of the Act, 1980. A prayer has also been made to set the petitioner at liberty.

(3.) Briefly stated the relevant facts of the case are as follows: while the petitioner was confined in District Jail, Bulandshahar in connection with Case Crime No. 318 of 2018, pertaining to Police Station Khurja Dehat, District Bulandshahar, under Sections 3/5/5A/8 of Cow Slaughter (Prevention) Act, he was served with the impugned detention order dated 11.12.2018. The State Government approved the detention order on 20.12.2018. On 21.12.2018, against the order of detention, the petitioner submitted representation in nine sets to the jail authorities at District Jail, Bulandshahar for onward transmission to the Appropriate Government/ State Government; Central Government; Advisory Board; and the detaining authority. The representation was received in the office of D.M. on the same day i.e. 21.12.2018. The D.M., on the same day, that is 21.12.2018, called for report from the Senior Superintendent of Police, Bulandshahar (for short S.S.P.). The S.S.P. submitted his report in the office of D.M. on 28.12.2018. The D.M. rejected the representation on 29.12.2018 and on the same day i.e. 29.12.2018, forwarded the representation, with his comments, to the State Government as well as to the Central Government. The representation was received in the concerned Section of the State Government on 3.1.2019 and in the concerned Section of the Central Government on 2.1.2019.