VISHAL CHAUDHORY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE present habeas corpus petition is directed against the order impugned dated 07.08.2008 (Annexure -1) passed by the District Collector, Jaipur, by which the accused -petitioner has been detained under Section 3(2) of the National Security Act, 1980 (for short 'the Act of 1980') for a period of one years. The said order dated 07.08.2008 has been approved by the State Government vide order impugned dated 20.08.2008.

(2.) BEING aggrieved and dissatisfied with the order impugned dated 07.08.2008 passed by the District Collector, Jaipur as well as the order impugned dated 20.08.2008 whereby the detention order has been approved by the State Government, the present habeas corpus petition has been preferred by the accused -petitioner on the ground that the detention order has been passed by the respondent No. 2 in mechanical manner without applying mind and before framing grounds, no enquiry was conducted.

(3.) IT is also stated by the learned Counsel appearing for the accused -petitioner that the representation given by the accused -petitioner has not been decided till filing of the present petition and have not communicated the petitioner of any decision on the representation so submitted by him till date. Thus, the action of the respondents is violative of Section 14 of the Act of 1980 as well as Article 22(5) of the Constitution of India.