ONKAR SINGH Vs. STATE OF M P

JUDGEMENT

(1.) - By this petition under Article 226 of the Constitution of India the petitioner has assailed the order of detention dated 21-6-1982 passed by the District Magistrate, Indore, respondent No. 2, detaining the petitioner under Section 3(2) of the National Security Act (hereinafter referred to as the Act).

(2.) In the return it is stated that as the District Magistrate was satisfied that with a view to prevent the petitioner from acting in a manner prejudicial to the maintenance of the public order it was necessary to detain him, he was detained by order passed on 21-6-1982 under Section 3(2) of the Act. The grounds of detention and the documents referred to in the statement of grounds were furnished to the petitioner on the same day. The order of detention was approved of by the State Government on 28-6-1982. The report of the detention was made-to the Central Government on 30-6-1982. The Advisory Board after hearing the petitioner opined on 6-8-1982 that there was sufficient cause for the detention of the petitioner. After receipt of the report of the Advisory Board the detention of the petitioner was confirmed by the State Government for a period of 12 months from the date of his detention under section 13 of the Act.

(3.) Having heard the learned counsel for the petitioner and the learned Deputy Government Advocate for the respondents we have come to the conclusion that this petition deserves to be allowed.