DEVIDAYAL Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) By an order dated 22.6.1985 passed by District Magistrate, Jabalpur under section 3(2) of the National Security Act, 1980 (hereinafter referred to as the Act). Amar Kori, the detenu was detained. The petitioner is the father of that detenu and has challenged the detention. He, by this petition, seeks issuance of a writ of habeas corpus.

(2.) In the petition, the allegation is that the detenu was not supplied with the order of detention or the grounds on which the said order was passed. However, in the return, it has been stated by the respondents that the order of detention along with the grounds of detention were sent for service to the detenu in the Jail, but they were refused by him. An endorsement in that behalf was made on the original order of detention. In the return, it has also been mentioned that the District Magistrate has recorded his satisfaction that even though the detenu is in Jail, he may come out of Jail and may repeat his activities. This finds place even in the later part of the grounds of detention. It has also been stated in the petition that the District Magistrate by order dated 26.6.1985 supplied the documents along with the grounds of detention to the counsel for the petitioner and his signatures are present on the recordT T1Annexure-R-V dated 11.11.1985 bears an endorsement about the receipt of the documents by the counsel. Annexure-R-II supports the plea of the respondents that the detenu had refused to accept the documents on 26.6.1985.

(3.) The detenu was produced before the Advisory Board on 28.1985, which opined that there was sufficient cause for the detention of Shri. Amar Kori, alias, Amarnath Kori, son of Devidayal. Thereafter, the State Government confirmed the order of detention for a period of one year.