Natarajan, J. - (1.) This petition under Article 32 of the Constitution of India has been filed by the petitioner to seek the issue of appropriate writs for quashing an order of detention passed against him under Section 3(2) of the National Security Act (hereinafter the 'Act') by the State of Uttar Pradesh and for his release from custody. On April 5, 1988 an order of detention was passed against the petitioner under Section 3(2) of the Act, but the petitioner could not be served the order of detention and taken into preventive custody as he was absconding. Consequently he was treated an absconder and resort was had to Section 7(2):of the Act, and a proclamation was obtained against him under Sections 82 and 83 -of the Criminal Procedure Code on May 4, 1988 and the said order was executed on May 5, 1988. Thereafter- the petitioner surrendered himself in Court on July 4, 1988 and he was sent to the District Jail at Meerut where he was served the detention order and the grounds of detention on July 5, 1988.
(2.) In the grounds of detention three grounds were set out for the detention of the petitioner and they read as follows:- 1. On 8-7-87at about 9.30 P.M. in the night at Kasoa Sardhana, Police Station Sardhana (Meerut) you along, with your other companions went to the garden of Lala Om Prakash, Jain, which is in the possession of Yusuf s/o Ismail on contract. You said to Yusuf etc. who were present there that they do not pay the (Chauth) fee for Gundagardi of the Mango, therefore you using abusive language said 'Kill the Salas', so they may vanish for ever and you people with an intention to Kill Yusuf etc. assaulted them. On the information of Shri Yusuf a case has been registered against you as Crime No. 211 under Sections 307, 328 I.P.C., which is under consideration of the Court. Due to your aforesaid misdeed terror in Sardhana. and in District Meerut terrorism has spread and in this way you have acted in such manner which is against the Maintenance of Public Law and order situation. 2. On 11-2-88 at about 11.00 A.M. in the day at the Binauli Road in Kasoa and Police Station Sardhana you along with your companion Vinay Kumar went to the shop of Shri Ashok Kumar and you threatened Shri Ashok Kumar that he should pay Rs. 10,000/-(Ten thousand) by tomorrow or day after tomorrow otherwise he will be killed. On the basis of information of Shri Ashok Kumar Crime No. 48 under Section 506 I.P.C. has been diarised which is under consideration. Due to your aforesaid indecent terror in Kasba Sardhana and in the District of Meerut terrorism has prevailed and in this way you have acted in such manner which is against the maintenance of the Public Law and Order situation. 3. On 3-3-88 in the Kasba, of Sardhana, Police Station Sardhana, District Meerut, you taking a Revolver in your hand in the market of Sardhana said to the Shop-keepers that whosoever will not pay money (Chauth), he can not open the shop in the market, due to which the shops were closed in the market. H. C. Khajan Singh, with the help of other employees when tried to arrest you then you ran away on the Motor Cycle along with your- companion while firing in the air. Information to this effect has been got diarised by H C. Khajan Singh at Police Station in G.D.No. 14 at 10-10 hours and investigation to this effect has been done by the Investigation Inspector, Shri R. C. Verma and, on., investigation the aforesaid incidents were found correct and entry to this effect has been carried out at G.D.No. 33. By your aforesaid indecent activity in Sardhana and in District Meerut terrorism has prevailed and in this way you have acted in such manner which is against the provisions of Maintenance of Public Law and Order situation.
(3.) The grounds of detention also set out the following:- (1) The petitioner if he so desires could make representation under Section 8 of the Act to the Home Secretary, Ministry of Home, State Government through the Superintendent of Jail at the earliest possible; (2) That the papers relating to the petitioner's detention would be submitted under Section 10 of the Act to the Advisory Board within three weeks from the date of detention and that if the representation is received late it would not be considered by the Advisory Board; (3) That if the petitioner so desired he could also make representation to the Government of India by addressing the representation to the Secretary, Government of India, Ministry of Home (Internal Security Department), North Block, New Delhi through the Superintendent of the Jail; and (4) That if under the provisions of Section 11(1) the petitioner desired to have a personal hearing by the Advisory Board he should specifically make mention of it in his representation or he should inform the State Government of his desire through the Jail Superintendent.;