- (1.) VISHNU Sahai, J. Through this writ petition preferred under Article 226 of the Constitution of India, the petitioner challenges the order dated 25-2-2002 passed by the 2nd respondent Mr. R. P. Shukla, the District Magistrate, Ambedkar Nagar detaining him under sub-section (2) of Section 3 of the National Security Act.
(2.) THE detention order along with the grounds of detention, which are also dated 25-2-2002 was served on the petitioner detenue on 25-2-2002 itself and their true copies have been annexed to this petition as Annexure Nos. 1 and 2 respectively. We have heard learned Counsel for the parties. Since in our view this writ petition deserves to succeed on the averments contained in paragraphs 15, 16 and 17 of the petition and Ground No. 24 (g) pleaded in the petition, we are not adverting to the prejudicial acts attributed to the petitioner detenue in the grounds of detention (Annexure-2 ). In paras 15, 16 and 17 of the petition and Ground 24 (g), the substance of the averments is that on 3-3-2002 the petitioner preferred a representation to the opposite parties No. 1, 2 and namely the Union of India, the District Magistrate, Ambedkar Nagar and the State of U. P. through Principal Secretary Home, Government of U. P. , Civil Secretariat, Lucknow respectively but the representation preferred by the petitioner-detenue to the 3rd respondent i. e. the State of U. P. has not been disposed of yet.
(3.) THE averments made in paras 15, 16 and 17 of the petition and Ground 24 (g) of the petition have been replied to in paras 9 and 10 of the return of the detaining authority (District Magistrate, Ambedkar Nagar) and para 3 of that of Mr. C. P. Singh, Deputy Secretary, Home and Confidential Department, U. P. Civil Secretariat, Lucknow. In para 10 of his return the detaining authority has stated that the petitioner made his representation dated 3-3-2002, which was received on 5-3-2002 and was sent to the Central Government and the State Government on 21-3-2002.;