- (1.) THIS is a petition for the issue of a writ of habeas corpus.
(2.) THE petitioner is detained in District Jail, Pauri (Garhwal) under the order of the District Magistrate, Moradabad dated 2 -7 -1982 under Section 3 (2) of the National Security Act, 1980 (hereinafter referred to as the Act). The order of detention was served on the petitioner in the jail at Pauri on 3 -7 -1982 and the grounds of detention were served on him on 5 -7 -1982. The petitioner made his representation against the order of detention on 9 -7 -1982 to the Home Secretary to the Government of Uttar Pradesh through the Superintendent, District Jail, Pauri. A second representation was sent by the father of the petitioner on 12 -7 -1982. The detention of the petitioner was approved by the State Government on 10 -7 -1982 and the approval of the State Government was communicated to the petitioner on 12 -7 -1982. The State Government reported the approval of the order of the District Magistrate and also sent the grounds of detention and other particulars to the Central Government on the same day (12 -7 -1982). Both the representations of the petitioner were received by the State Govt. on 13 -7 -82 and were sent to the District Magistrate Moradabad on 14 -7 -1982 for his comments. The comments of the District Magistrate were received by the State Government on 20 -7 -1982 and both the representations were rejected by the State Government on 24 -7 -1982. The case of the petitioner was referred to the Advisory Board on 19 -7 -1982 and the representations of the petitioner were sent to the Advisory Board on 21 -7 -1982. The Advisory Board considered the case of the petitioner on 2 -8 -1982 and 10 -8 -1982 and submitted its opinion to the State Government on 16 -8 -1982 that there was sufficient cause for detaining the petitioner. The detention of the petitioner was confirmed by the State Government on 21 -8 -1982.
(3.) A third representation on behalf of the petitioner was submitted by Sri D.S. Misra, learned counsel for the petitioner, on 12 -7 -1982, which does not appear to have been considered by the State Government on now.;