HARENDRA UPADHYA Vs. STATE OF BIHAR

JUDGEMENT

(1.) - The petitioner has filed the present writ application challenging the order, of detention dated 13-6-92 passed by the District Magistrate, Gopalganj detaining the petitioner under Section 3 (2) of National Security Act (hereinafter to be referred to as the Act) on being satisfied that it is necessary to prevent him from indulging in any manner prejudicial to the maintenance of public order and security of State.

(2.) It appears that the detention order was served on the petitioner on 14-6-92 and the grounds of detention dated 13-6-92 was also served within time. Thereafter, the detention order was approved by the State Government on 24-6-92. The matter was referred to the Advisory Board and the Advisory Board also opined that the petitioner should be detained. Thereafter, the State Government confirmed the detention order.

(3.) The petitioner had filed a representation, a copy of which has been annexed as Annexure-6 to the reply of the counter-affidavit, addressed to the Government of Bihar/Central Government which was forwarded by the Jail Superintendent, Bankipur Central Jail, Patna on 21-7-92 and which was rejected by the State Government on 29-7-92 and order was communicated to the petitioner on 3-8-92 The ground of detention on the basis of which the detention order was passed, was that the petitioner had indulged in criminal cases and he has thrown bomb on the Police Inspector and thus has disturbed the even tempo of the life of the community of the locality.