ANIL KUMAR AGARWAL,J. - (1.) HEARD Sri D.S. Mishra, Sri Chandrakesh Mishra, Sri Prashant Pandey, learned counsel for the petitioner, learned A.G.A. for the State of U.P. and Sri Nitin Gupta, appearing on behalf of respondent no.1, Union of India.
(2.) THIS Habeas Corpus writ petition has been filed on behalf of Sharavan Kumar Yadav, with a prayer to :- 1.issue a writ, order or direction in the nature of Habeas Corpus directing the respondents to produce the corpus of petitioner before this Ho'ble Court to set him at liberty from the illegal detention. 2.issue writ, order or direction in the nature of certiorari quashing the impugned order of preventive detention dated 28.2.2012 passed by the respondent no.3 District Magistrate, Chandauli and order or approval dated 18.4.2012 passed by the respondent no.2(Annexures 2 &5) respectively to the writ petition). 3.issue any other suitable writ, order or direction which this Hon'ble court may deem fit and proper in the circumstances of the case. 4.award cost of the Habeas Corpus petition in favour of the petitioner. The facts in brief of this case are that a proposal for detaining the petitioner under the National Security Act(hereinafter referred to as N.S.A.) has been moved by the Officer-In-Charge of the P.S. Alinagar district Chandauli on 9.2.2012, the same was approved and forwarded by the S.P. Chandauli on 10.2.2012 to the District Magistrate Chandauli, the District Magistrate, Chandauli passed the impugned order dated 28.2.2012 in exercise of the power conferred under section 3(3) of N.S.A. directing the petitioner to be detained as an ordinary prisoner in District Jail Varanasi under section 3(2) of N.S.A., copy of the order dated 28.2.2012, its grounds and other documents were sent to the petitioner in district Jail Varanasi, the same were received in District Jail Varanasi, the contents of the same were read over and explained to the petitioner, he was informed in regard to the grounds of detention as well as in regard to his right to make representation to the different authorities including the District Magistrate, Chandauli. He was informed to submit the same within 12 days or before the approval of detention order or whichever was earlier. The District Magistrate, Chanduali sent a copy of the detention order, grounds of detention and other connected papers to the State Government by letter 28.2.2012 , the same were received by the State Government on 29.2.2012, the same was approved by the State Government on 2.3.2012. The approval of the detention order was communicated to the petitioner through the District Authorities by the State Government's radiogram and letter both dated 5.3.2012, a copy of the detention order, grounds of detention and other connected papers received from the District Magistrate, Chandauli by the State Government, was also sent to the Central Government by the State Government on 5.3.2012.
(3.) THE petitioner filed a representation dated 13.3.2012 in eight copies, the same was sent to the office of the District Magistrate Chandauli on 13.3.2012, which was rejected by the District Magistrate, Chandauli on 19.3.2012, its copy was received in District Jail, Varanasi on 19.3.2012, the same was served upon the petitioner on the same day, a copy of the petitioner's representation dated 13.3.2012 along with the parawise comments therein, forwarded by the District Magistrate, Chandauli by an undated letter, was received in the concerned office of the State Government on 19.3.2012, its copy were sent to U.P. Advisory Board(Detention) to the Central Government vide its separate letter both dated 19.3.2012, concerned section of the State Government examined the recommendations, and submitted a detailed note on 20.3.2012, the same was examined by the Deputy Sectary on 21.3.2012, by the Special Secretary and the Secretary on 22.3.2012 and thereafter it was placed before the State Government, who rejected the same on 22.3.2012, it was communicated to the petitioner through the District Authority vide State Government's radiogram dated 23.3.2012, the case of the petitioner was referred to the Advisory Board by the State Government by forwarding the detention order, grounds of detention and other connected papers on 5.3.2012, the Advisory Board by its letter dated 14.3.2012 informed the State Government that the case of the petitioner will be taken up for hearing on 19.3.2012 and directed that the petitioner be informed that if he desires to attend the hearing before the Advisory Board along with his next friend( non advocate) he can do so and we allow to take his next friend along with him, if he had so requested, It was communicated to the petitioner through the District Authorities by the State Government' radiogram on 14.3.2012, when the petitioner appeared for hearing before the Advisory Board on that date, the Advisory Board heard the petitioner in person considered his representation and gave its report along with complete record of the case expressing therein its opinion that there was sufficient cause for detention of the petitioner. This report and the record of the case were received in the concerned section of the State Government through the Registrar U.P. Advisory Board vide letter dated 12.4.2012 on 12.4.2012, on receipt thereof, the State Government once again examined afresh the entire case of the petitioner along with the opinion of the Advisory Board and took a decision on 18.4.2012 confirming the detention order and also for keeping the petitioner under detention on 18.4.2012 for a period of 12 months and it was communicated to the petitioner through the State Government' radiogram letter both dated 18.4.2012.;