RAGHUBAR DAYAL SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is a petition under Articles 226 and 227 of the Constitution of India, whereby the detention of the petitioner's son Shri Subodh Sharma under Section 3(2) National Security Act, 1980 (hereinafter referred to as the Act) has been challenged, with the prayer that a writ in the nature of Habeas Corpus for production and release of the detenu Shri Subodh Sharma, may be issued and the order of the District Magistrate, Bhopal (Annex. R-3) (mentioned to be Annexure-1 in the petition; but which in fact is 'Annexure R-3' filed with the return of the respondents), directing the detention, as aforesaid, may be quashed.

(2.) The impugned-order Annex. R-3 dated 4th March, 1995 has been passed by Respondent No. 2, District Magistrate, Bhopal under Section 3(2) of the Act for detention of detenu Shri Subodh Sharma on the grounds enumerated in 'Annexure-2'. The said grounds briefly are as below :-

(3.) As per return of the respondents on receiving Annexure R-1 report dt. 4-3-1995 of S. P. with documents referred there in; Annexure R-3 which is the order of detention dt. 4-3-1995 was passed by respondent No. 2. Annexure R-2 are the grounds of detention dt. 4-3-1995 which were served on the detenue on 6-3-1995. The detenue was also informed vide Annexure R-2 that he can make representation to the Home Department and also to Advisory Board. The respondent No. 2 reported on 7-3-1995 to State Government the detention of the detenue vide Annexure R-4, as per Section 3(4) of the Act and the State Government under Section 3(4) of the Act approved the order of detention vide Annexure R-5 dt. 14-3-1995. The respondent No. 1 reported the fact of detention to Central Government under Section 3(5) of the Act vide Annexure R-6 dt. 14-3-1995. The detenue submitted his representation dt. 27-3-1995 which was forwarded to the Advisory Board on 31-3-1995 vide letter Annexure R-7. Original file of the detenue was forwarded to the Advisory Board on 15-3-1995. Advisory Board vide report Annexure R-8 dt. 4-4-1995 found the detention justified. After report of the Advisory Board was received the State Government with the opinion of the Advisory Board and authorised detention of detenue upto 3-3-1996 vide Annexure R-9 and the same was also communicated to detenue.