Mahesh Narain Shukla J. - (1.) This is a Habeas Corpus petition challenging the detention of the Petitioner under an order dated 9 -1 -1982 passed by the District Magistrate, Dehradun under Sec. 3(3) of the National Security Act. The Petitioner was actually arrested on 10 -1 -1982 and the detention order was served on him on the same date. It was approved by the State Government on 16 -1 -1982.
(2.) The first point, which was urged before us was that in this case the grounds of detention had not been served on the Petitioner till today. Although that ground was not specifically taken in the petition, yet we seriously called upon the State counsel to satisfy us on that foremost ground, which was pressed at the bar. Luckily the record of the District Magistrate was available and placed before us by Sri Girdhar Malviya, learned Additional Government Advocate. We find that full and elaborate grounds in the usual form adopted for such purposes formed part of the record and the grounds contained the endorsement in the Petitioner's own hand -writing and signature that he had received a copy thereof. It is significant that in paragraph 9 of the counter affidavit of Sri O. P. Sharma, District Magistrate, Dehradun, it was categorically stated: The order of detention together with the grounds of detention and all the other papers on which the order of detention has been based was served upon the detenu on 10 -1 -1982 itself. The Petitioner has signed on every paper and has put the date of 10 -1 -1982 in token of his having received the said papers.
(3.) Notwithstanding such clear assertion the Petitioner had the audacity to make the following averments in paragraph 9 of the rejoinder affidavit: He was detained at the police station till afternoon and in the afternoon he was given the copy of the detention order and the report of the police dated 7 -1 -1982 only. No other paper was given to him.;