RASHID Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS habeas corpus petition under Article 226 of the Constitution of India has been put in by Rashid challenging the detention of his brother Siraj Khan by the District Magistrate, Udaipur vide detention order dt. 1.4.1997 issued under Section 3(2) of the National Security Act, 1980.

(2.) THE grounds listed in petition are: (i) the detenu was not informed of his constitutional right to make representation before the specific authority particularly the Central Govt. and the Advisory Board who could revoke the order of detention. (ii) the grounds which have been supplied are squarely the grounds of law and order and not of public order (iii) the detaining authority failed to discharge statutory obligation to supply the detenu grounds of detention within five days as though the detention order was passed on 1.4.1997, the ground were supplied to the detenu on 9.4.1997 and no reasons have been given for the delay, (iv) the grounds of detention were formulated on 7.4.1997 whereas the order of detention was passed on 1.4.1997. and, (v) the documents supplied to the detenu were not explained to him and as the detenu was illiterate, he was deprived of submitting effective and purposeful representation.

(3.) IN the rejoinder the petitioner reiterated the facts mentioned in the petition.