GULAM HUSSAIN Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) The petitioner was detained under S. 3(2) of the National Security Act, 1980 (for short 'the Act' hereinafter), by the District Magistrate, Barmer by an Order dated August 14, 1995 passed in exercise of powers under S. 3(3) of the Act.

(2.) The grounds of detention were communicated to the petitioner vide communication dated August 16, 1995. The petitioner made a representation against his detention to the Advisory Board on September 9, 1995. The representation was rejected by an Order dated October 4, 1995. It was confirmed under S. 12(1) of the Act by the State Government on October 8, 1995. The petitioner filed this petition on December 6, 1995 challenging his detention.

(3.) The petitioner contends that the Order of detention was passed in a mechanical manner without proper application of mind. It was contended that the petitioner was detained earlier also by the District Magistrate under the same provision and that Order was quashed by the High Court. The fresh detention and the grounds thereof to the detenu. It is, therefore contended that not only that the petitioner has been detained on the same grounds on which he was released consequent upon the quashing of the order by this Court but copies of the earlier detention order and grounds thereof were not supplied to the detenu even though they were relied upon for passing the fresh Order. The petitioner was thus deprived of making an effective representation against his detention on account of non-supply of vital material. According to the petitioner he had also demanded the copies of the earlier detention order and the grounds thereof but received no response. It was also contended that no opportunity of making a representation to the Authority which passed the order initially was given to the petitioner. The detention order therefore is liable to be quashed on that count also.