SHAKIR Vs. STATE OF U P

JUDGEMENT

(1.) IN both the petitions, questions of fact and law are similar and both the petitions can be decided by a common order to which the learned coun sel for the parties have no objection.

(2.) PETITIONERS of both the petitions have challenged their detention under the orders dated 12th August, 1997 passed by the respondent No. 2, District Magistrate, Bulandshahr under Section 3 (2) of the National Security Act, 1980 (hereinafter referred to as the Act ).

(3.) LEARNED counsel for the petitioner has submitted that the petitioners were lay man and they were totally unaware of the legal position that they could not be released, as the period of 12 months had not expired. It has also been submitted that there is no allegation against the petitioners that they, in anyway, colluded with the jail authorities for securing their release. LEARNED counsel for the petitioner has further submitted that actual offence was committed on 4-8-1997, more than one and half years have passed and the purpose of detention has already been served out. It is also submitted that only 11 days have been left to be served out, if the entire period of 12 months is calculated. In this connection it has been said that before passing of the impugned order of deten tion, the petitioners were already in jail for a period of 8 days and in this manner the difference remains only of 3 days, in the interest of justice they may be released. It has also been submitted that the petitioners are poor persons and their families have suffered a lot on account of their detention.