MEHMOOD HASAN SAYYED Vs. R D TYAGI

JUDGEMENT

(1.) The petitioner detenu has filed this petitioner challenging the order passed by the first respondent, the Commissioner of Police, Greater Bombay dated 12-9-1996 under sub-section (2) of section-3 of the National Security Act and sought relief for setting aside the said order of detention and prays for release from the detention. While filing petition the petitioner has taken several grounds and also annexed a copy of the order passed by the first respondent dated 12-9-1996 and the grounds of detention and the other documents including the representation of the detenu dated nil November, 1996 addressed to various authorities.

(2.) The detaining authority has after examining the material placed before him recorded satisfaction that the detenu is acting prejudicially to the maintenance of public order and accordingly with a view to prevent him from acting in such manner the impugned order of detention was passed. The detaining authority has formulated the grounds which are based on the material which he relied upon while recording satisfaction.

(3.) While challenging the order of detention, the petitioner has taken several grounds contending that the order of detention is passed by the detaining authority without application of mind and the same deserves to be set aside. While arguing the matter, Mr.Tripathi has pressed in service only one ground that the representation of the detenu dated 25-11-1996 was not at all dealt with by not considering the said representation, the continued detention of the detenu as per the order dated 12-9-1996 become illegal and prayed for release of the detenu from the detention.