LAWS(ALL)-2019-1-271

GULSHER Vs. UNION OF INDIA

Decided On January 17, 2019
GULSHER Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Heard Shri A. K. S Vaishya, Advocate, holding brief of Sri Nirbhay Singh, learned counsel for the petitioner, Shri Thakur Azad Singh, learned counsel for the Union of India and Shri Patanjali Mishra, learned AGA for the State.

(2.) The present writ petition which is in the nature of Habeas Corpus has been filed seeking release of detenue Gulsher son of Baraku @ Nizamuddhin, from alleged illegal detention and quashing of the detention order dated 05.02.2018 passed under Section 3(2) of the National Security Act, 1980 (hereinafter referred to as the 'Act') and all consequential orders by means of which the detention order has been extended for a period of three months each from time to time. The reliefs as sought in the present writ petition are herein as under:

(3.) We have heard learned counsel for the parties and we have also perused the record as has been produced before this Court. The detention order, for quashing of which the present HCWP has been filed, is dated 05.02.2018, initially for a period of three months, which was subsequently approved on 16.02.2018 and thereafter, has been extended vide three different orders for a period of three months by each order. The ordera are dated 22.04.2018, 26.07.2018 and 25.10.2018.