MISHRI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution for a writ in the nature of habeas corpus, the petitioner challenges his detention under the National Security Act, 1980 (here in after to be referred to as 'the Act' or 'NSA').

(2.) AS per averments disclosed in the petition, the petitioner was arrested on March 21, 1987 in a proceeding under Sections 107 and 151, Cr. PC and also for violating the prohibitory order issued by the District Magistrate, Bhilwara under Section 144, Cr. PC. The City Magistrate passed an order on the same day releasing him from custody on his furnishing bail bonds. He furnished the bail bonds, but before he could be released from jail, the District Magistrate, Bhilwara issued order Annexure -15 on March 24, 1987 for the detention of the petitioner under Section 3 of the NSA. The grounds of detention were communicated to him after much delay on April 17, 1987. The petitioner made representation before the State Government, which was rejected. His case was also placed before the Advisory Board and the Advisory Board held that there was sufficient cause for the detention of the petitioner. The State Government approved the order of the District Magistrate on April 1, 1987, but this approval was not reported to the Central Government within seven days. The detention was challenged on several grounds, namely, the grounds of detention were not communicated to the petitioner, no material was supplied to him in support of the grounds of detention, the grounds of detention were vague and stale having no nexus to the detention, the non -application of mind by the detaining authority and the non -compliance of the provisions of Sub -section (5) of Section 3 of the NSA.

(3.) THOUGH several grounds were taken in the petition to challenge the detention of the petitioner, Mr. Shishodia, during arguments confined and concentrated his contentions only to the non -compliance of the provisions of Section 3(5) of the Act.