(1.) BY filing this petition under Articles 226 and 227 of the Constitution of India the detenu petitioner has challenged the pregnability of the order passed by the District Magistrate, Gwalior (respondent No. 2) taking the petitioner in detention under Section 3 (2) of the National Security Act, 1980 (in short 'the Act').
(2.) VIDE order dated 23rd April, 2009 (Annexure P-1) passed in Case No. NSA/07/2009 by exercising powers conferred to the District Magistrate under Section 3 (2) of the Act, the petitioner has been detained because his liberty is prejudicial to the maintenance of public order.
(3.) NEEDLESS to say, the matter was also referred to the Advisory Board who concurred with the view of the learned District Magistrate and justified the detention order of learned District Magistrate and forwarded its decision to the State Government. In this regard, Annexures R-5 and R-6, dated 29th April, 2009 and 18-5-2009 respectively have been placed on record.