GOLU ALIAS ANAND Vs. STATE OF M P

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, the petitioner has challenged the order dated 28-7-2012 (Annexure P-1) passed by District Magistrate, Indore detaining him under Section 3(2) of the National Security Act, 1980 (for short "the Act") as also the order dated 21-9-2012 passed by the State Government affirming the order of the District Magistrate. The challenge of the petitioner to his detention is on the ground that there is clear violation of procedural safe guards provided under the Act. He has alleged that exercising his right to make representation before the State Government and Central Government he submitted the same to the State Government as also to the Central Government. However, the representation submitted to the Slate Government has not been decided and as such there is violation of provision contained in Section 14(1)(a) of the Act.

(2.) The case of the respondents in the return is that petitioner's representation was considered and decided by the Central Government and a communication to that effect has also been made to the petitioner. However, in the return, no statement was made as to what had happened to the representation made to the State Government. In the circumstances, we asked the respondents to inform as to whether the petitioner representation has been decided by the State Government or not. The case was adjourned from time to time affording opportunity to the respondents-State to make a statement to that effect. After getting number of adjournments an order dated 4-12-2012 passed by the State Government rejecting the representation was placed on record by the respondents.

(3.) We have heard learned Counsel for the parties.