LAISHRAM SHYAMJAI SINGH Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) The core question called for decision in the present writ petition is :- Is it obligatory or whether the obligation cast on the State Government (appropriate Government) under Section 10 of the National Security Act, 1980 (for short 'NSA') to refer the representation filed by the detenu within three weeks from the date of detention of the detenu to the detaining authority, even if rejected, to the Advisory Board constituted under Section 9 of the NSA or not?

(2.) Heard Mr. Kh. Mani Singh, learned counsel appearing for the petitioner-detenu as well as Mr. R. S. Reisang, learned Government Advocate appearing for the respondent Nos. 1 and 2 and Mr. C. Kamal, learned CGSC appearing for the respondent No. 3.

(3.) Before answering the question called for decision, it would be convenient to look into Section 10 of the NSA and for easy reference Section 10 of the NSA is quoted hereunder: