(1.) By means of this writ petition under Article 226 of the Constitution of India, the petitioner-Sanjay Singh son of Sri Kamlesh Singh alias late Kamala Singh resident of Mohalla Azad Nagar, P. S. Kherabar, district Gorakhpur, who has been detained under Section 3(3) of the National Security Act, 1980 (for short 'NSA') challenges the order dated 20-6-1999 clamped by the District Magistrate, Gorakhpur-respondent No. 2.
(2.) Counter and rejoinder affidavit have been exchanged. Heard Sri S.P.S. Raghav, learned counsel for the petitioner, Sri Arvind Tripathi learned A.G.A. on behalf of the State of U. P. and Sri Jawahar Lal Bharti. Additional Standing Counsel on behalf of the Union of India.
(3.) To begin with, it may be mentioned that Sri S.P.S. Raghav, learned counsel for the petitioner has not challenged the detention of the petitioner on the ground of infraction of any procedure with regard to the approval/confirmation of the order of detention by the State Government or the delay in the disposal of the representation. The sole ground on which the order of detention is challenged, is that the detention does not have any nexus to the maintenance of 'public order'. Sri Raghav confined his submissions to the point that from the impugned order coupled with the material which has been communicated to the petitioner, even it is accepted, on its face value as correct, it would, at best, be a case of breach of 'law and order' and not 'public order' and, therefore, the District Magistrate was not justified in invoking the provisions of Section 3(3) of NSA. The submission has been repelled by the learned counsel for the respondents, who maintained that in the light of the facts, circumstances and background of the incident, it was a case of violation of 'public order'.
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