HIRABAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The District Magistrate, Damoh being satisfied with respect to one Ramesh Kumar alias Ramesh Pahalwan, aged 24 years, r/o Dhor Bazar, Damoh that with a view to preventing him from acting in any manner prejudicial to the maintenance of public order it was necessary so to do, made an order on 20-12-1985 directing that he be detained under sub-sec. (2) of S.3 of the National Security Act. However, as the said person was alleged to be absconding, the detention order could be executed against him only on 20-1-1986 and he could be taken into custody on the said date.

(2.) In the meanwhile, as required by sub-s. (4) of S.3 of the Act, the District Magistrate Damoh had sent a report about the detention order dt. 20-12-1985 having been passed against the detenu to the State Government on 26-12-1985 and the same was approved by the State Government in its Home Department on 28-12-1985. So also, in the meanwhile, as required by sub-s. (5) of S.3, the State Government had sent information about the detention order dt. 26-12-1985, having been passed by the District Magistrate and the same having been approved by it, to the Government of India on 2-1-1986.

(3.) Now, after the detention order was executed against the detenu on 20-1-1986, and he was taken into custody on the said date, the grounds of detention were served on him on the same day as required by S.8. In the covering letter, under which the grounds of detention were served on the detenu, the detenu was informed of his right to make a representation against the detention order to the State Government (Secretary, Home Department) and also of his right to be heard personally by the Advisory Board in case he desired such a hearing.