LAKHAN Vs. STATE OF M.P.

JUDGEMENT

(1.) THE petitioner challenges detention order passed by the District Magistrate of Ujjain in exercise of powers under sub -section (2) of section 3 of National Security Act, 1980 (hereinafter referred to as 'the Act').

(2.) THE District Magistrate Ujjain passed order of detention (Ex. P/2) on 24.2.96, which was served on the same day, alongwith grounds of detention (Ex. P/3) and description of reports against the detenue vide Ex. P/4, P/5 and P/6. The order was approved by the State Government vide Ex. P/1 on 3.4.96. The case was referred to Advisory Board constituted under S. 9 of the National Security Act 1980. The Board approved the same vide Annexure -A. The petitioner has challenged the order mainly on two grounds: Istly that proper opportunity for making representation against detention has not been afforded and IIndly that there is total non -compliance of mandatory provision of sub -section (5) of Sec. 3 of the Act.

(3.) SECTION 8 of the Act provides that when a person is detained in pursuance of detention order the authority making order shall, as soon as may be ordinarily within 5 days, on exceptional circumstances within 10 days, communicate to him the grounds on which the order has been made and shall afford the earliest opportunity of making a representation against the order to the appropriate Government.