SHIVKANT @ BHAIYA KAILASNATH VAJPAYEE Vs. R.H.MENDOCA

JUDGEMENT

(1.) BY means of this petition preferred under Article 226 of the Constitu-tion of India, the petitioner detenu seeks to challenge the detention order dated 29th January 1996 passed by respondent no.1, the then Commissioner of Police, Thane, in exercise of the powers vested in him by sub section (2) of section 3 of the National Security Act, 1980 (No. 65 of 1980) read with Government Order, Home Department (Special) No. NSA 2396/2.00SPL-3(b) dated 25th January 1996 detaining him under the National Security Act.

(2.) IN our view since this petition can be disposed off on a purely legal ground no reference to the prejudicial activities of the petitioner contained in the grounds of detention bearing the same date as the detention order, which were served contemporaneously along with the detention order, on the detenu on 29.1.1996, is called for.

(3.) MR .Tripathi, learned counsel for the petitioner pointed out that the petitioner made a representation dated 24.6.1996 to the Central Government and he has received no communication till date about its fate. The said ground has been replied to in the return filed by Ishwar Singh, Desk Officer, Ministry of Home Affairs, Government of India in paragraphs 3 and 4.