SHAMSHUL Vs. UNION OF INDIA

JUDGEMENT

(1.) We have heard Sri Jitendra Pal Singh for petitioner; Sri Pawan Kumar Srivastava for Union of India (respondent no.1); Sri Deepak Mishra, learned AGA, for respondent nos. 2 to 6; and have perused the record.

(2.) By this habeas corpus petition, the petitioner through his next friend has questioned his detention under the provisions of the National Security Act, 1980 (for short "Act, 1980") and has prayed that he be set at liberty.

(3.) The relevant facts are as follows: while the petitioner was confined in District Jail, Pilibhit pursuant to remand orders dated 21.9.2018 passed by remand Magistrate, Pilibhit in Case Crime No. 339 of 2018; 334 of 2018 and 336 of 2018, he was served with a detention order dated 30.10.2018 passed by the District Magistrate, Pilibhit in exercise of power under Section 3(2) read with Section 3(3) of the Act, 1980. The aforesaid order for detention was approved by the State Government on 2.11.2018 in exercise of its power under Section 3(4) of the Act, 1980. Report to the Central Government under section 3(5) of the Act, 1980 was sent on 6.11.2018. The matter was referred to the Advisory Board on 5.11.2018. The petitioner was heard by the Advisory Board on 3.12.2018 and the report of the Advisory Board finding the preventive detention justified was received on 10.12.2018. After receipt of report from the Advisory Board, the State Government, vide order dated 13.12.2018, exercising powers under section 12(1) of the Act, 1980, confirmed the detention, provisionally, for a period of three months, starting from the date of detention i.e 30.10.2018. The period of detention was thereafter provisionally extended for a further period of three months by order of the State Government, dated 17.1.2019, thereafter provisionally extended for a further period of three months vide order dated 22.4.2019 and, finally, extended for a further period of three months vide order dated 10.7.2019, that is, the detention of the petitioner was confirmed for the maximum period of 12 months, starting from 30.10.2018.