H.N.Seth, J. - (1.) By these two petitions under Art. 226 of the Constitution, petitioners Virendra Kumar Nayak and Yati Kumar Varma question the validity of their continued detention under the provision of the National Security Act authorised by the District Magistrate, Gorakhpur, vide his orders dated 30th April, 1981. As these petitions can be disposed of on common grounds, they are being dealt with together and are being disposed of by a common judgment.
(2.) Both the petitioners were arrested by the police on 29th April, 1981. While they were confined in the District Jail at Gorakhpur, they were, on 30th April, 1981, served with two different orders of the same date authorising their detention under Section 3 (2) of the National Security Act. Whereas the grounds for the detention of petitioner Yati Kumar Varma were served upon him on 2nd May, 1981 those for the detention of petitioner Virendra Kumar Nayak were served upon him on 6th May^ 1981. The District Magistrate reported the matter to the State Government which approved the detention of petitioner Virendra Kumar Nayak on 6th May, 1981 and that of petitioner Yati Kumar Varma on 8th May, 1981, After reporting the cases of the two petitioners to Central Government, the State Government referred the case of Virendra Kumar Nayak to the Advisory Board on 7th May, 1981 and that of Yati Kumar Varma on 8th May, 1981. Representations against their detention made by the two, petitioners on 16th May, 1981 were received by the State Government on 21st May, 1981 which after rejecting them on 22nd May, 1981 placed them also before the Advisory Board. The Advisory Board heard the two petitioners on 23rd May, 1981 and gave its opinion on 26th May, 1981. After receiving the opinion of the Advisory Board, the State Government confirmed the orders for the detention of the two petitioners on 30th May, 1981.
(3.) Virendra Kumar Nayak (petitioner in Writ Petition No. 8141' of 1981 filed on 21st July, 1981) and Yati Kumar Varma (petitioner in Writ Petition No. 8625 of 1981 filed on 29th July, 1981) then approached This court for relief under Article 226 of the Constitution of India and impugned the validity of their continued detention under District Magistrate's orders dated 30th April, 1981 on a number of grounds.;