SUNIL TIWARI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) IN this writ petition filed under Article 226 of the Constitution, the petitioner has challenged the order of detention, detaining him under Section 3 (2) of the National Security Act, 1980 (for short "the Act" ).

(2.) THE facts briefly are that on 3-4-2008 the District Magistrate, Katni, in exercise of powers conferred under sub-section (2) of Section 3 of the Act passed an order of detention, detaining the petitioner in the Central Jail, jabalpur. The matter was referred to the Advisory Board and pursuant to the opinion given by the Advisory Board the State Government confirmed the order of detention and directed that the petitioner shall continue to be under detention for a period of 12 months from the date of detention till 2-4-2009. Aggrieved, the petitioner has filed this writ petition praying for quashing the order of detention.

(3.) MR. Manish Tiwari, learned Counsel for the petitioner, submitted that the detention order has been passed against the petitioner for political reasons and was not necessitated under Section 3 (2) of the Act and this would be clear from the grounds of detention served on the petitioner.