S.J.Hyder, J. - (1.) This petition under Article 226 of the Constitution is directed against the order dated Nov. 13, 1981 passed by the Dist. Magistrate, Allahabad in the purported exercise of his power under Sub-section (1) of Section 3 of the National Security Act, 1980, hereinafter referred to as "the Act", directing the detention of the petitioner in the Central prison, Naini under Sub-section (2) of Section 3 of the Act. The petitioner contends his detention in the Central prison Naini is illegal and void and that writ of habeas corpus may be issued directing his release from the Central Prison, forthwith. Besides the Supdt Central Jail, Naini, the Distt. Magistrate and the State of U.P. have also been impleaded as opposite parties.
(2.) In the petition it is stated that the petitioner in a law abiding citizen and has no previous criminal record. It is contended by him that he is an active member of the Lok Dal and the members of the ruling party are against him and apprehend that on account of the petitioner's immense influence with the electorate, the scales may be turned against the ruling party in the forthcoming elections to the Nagar Mahapalika. It is stated in petition that one Sri Satish Jaiswal an M.L.A. of the ruling party has been instrumental in setting up the local police against the petitioner and since 8-3-1981 the petitioner has been involved in a number of false cases. According to the petitioner, the district administration is playing in the hands of the ruling party and has issued the impugned order against the petitioner which is illegal and void. A number of grounds have been urged to challenge the validity of the detention order passed by the Dist. Magistrate on the 3rd Nov., 1981. We shall proceed to deal with the said grounds seriatim.
(3.) However, before dealing with the submissions of the learned Counsel it is necessary to mention certain facts. When the order dated 3-11-1981 was passed by the Dist. Magistrate the petitioner was already in jail in connection with a case under Section 307, I.P.C. A copy of the detention order was sent to the Supdt. Naini Central Jail and was received by the said officer on the same date. The Superintendent, Naini Jail offered a copy of the detention order to the petitioner on the same date but he refused to accept the same. The petitioner was enlarged on bail in the case under Section 307 I.P.C. by an order dated 5-11-1981. The warrant of release was communicated to the Jail Supdt, on November 7, 1981 but the petitioner was not released from detention because an order under Section 3 of the Act had been passed against him. A fresh order of detention was served on the petitioner on November 20, 1981 and this time the petitioner accepted the service of the order. It may be stated that the State Government was informed of the Order passed by the Dist. Magistrate on November 3, 1981 against the petitioner. This information was received by the State Government on 4-11-1981 and was approved by its order dated Nov. 10, 1981. Information of the detention order served on the petitioner was conveyed by the State Govt. to the Central Government on Nov. 13, 1981. Reference to the Advisory Board was made on Nov. 26, 1981. The petitioner made a representation dated Dec. 3, 1981 and the same was considered by the Advisory Board. The Board gave a personal hearing to the petitioner on Dec. 17, 1981 and approved of the order of detention on the same date. The approval was conveyed to the State Government by the Board On Dec. 24, 1981. The Chief Minister passed an order confirming the order of petitioner's detention on Dec. 28, 1981 and the same was conveyed to the petitioner by means of an order of the State Government dated Dec, 29, 1981.;