- (1.) HEARD the learned Counsel for the petitioner, Sri A. P. Mishra, learned Government Advocate and Smt. Amita Agrawal, learned Additional Standing Counsel Central Government.
(2.) BY means of this habeas corpus writ petition the petitioner has challenged his detention order under National Security Act passed by the District Magistrate, Agra on 5-2-99 as well as the order dated 15-2- 99 passed by the State Government confirming the order of thedetention. Learned Counsel for the petitioner has submitted that the petitioner was ar rested in connection with an F. I. R. lodged as Case Crime No. 4092/99 under Section 4/5 Explosive Substance Act, P. S. Fateh- pursikri, District Agra. He was granted bail on 4-1- 99 But before he was released from Jail an order was served upon him under the National Security Act dated 5-2-99. IP the meantime the State Government confirmed the order of detention vide Gov -nment order dated 15-2-99. There after he preferred a representation on 21-2-99 to the Home Secretary, Government of Uttar Pradesh, Advisory Board (Detention U. P. , Lucknow) and the Home Secretary, Government of India. Thereafter the detenue was produced before the Advisory Board on 22-2-99. Learned Counsel for the petitioner, Sri A. P. Mishra has pressed this petition only on the ground that there is delay in deciding the representation by the State Government as well as by the Central Government, which has not been explained. Hence his detention is rendered illegal and the impugned order of detention is liable to be quashed on this ground alone. Counter affidavits have been filed on behalf of the Superintendent District Jail, Agra, State of U. P. and Union of India separately, which show the following fact: -
(3.) ORR5-2-99 the impugned detention order was passed, which was served upon the petitioner on the same day. On 15-2-99 the detention order was approved by the State Government i. e. within a period of ten days, which was intimated to the petitioner on 16-2-99. The copy of the same was served upon the petitioner on 5-3-99.;