- (1.) A. S. Tripathi, J. This Hebeas Corpus writ petition has been filed under Article 226 of the Constitution of India by the petitioner, Sanawwar son of Naththa, resident of village Hasangarh, P. S, Khurja Dehat, district Bulandshahr, praying for quasing the detention order, dated 25-3-1992 passed by the District Magistrate, Bulandshahr.
(2.) THE petitioner has been detained by an order dated 25-3-1992 passed by the District Magistrate, Bulandshahr detaining the petitioner under the provisions of Section 3 (2) of the National Security Act, 1980 (Act No. 65 of 1980; (hereinafter called the Act ). In the impugned detention order the District Magistrate has mentioned that he is satisfied that the activities of the petitioner have disturbed the public order in the locality. Three instances have been mentioned as grounds for detention. The petitioner has challenged the detention on the grounds that the basis for detention does not amount to breach of maintenance of public order. It was simply a case of law and order, the alleged incident amounts to an offence committed against particular individual and does not relate to maintenance of public order, that the extraneous matters were placed by the sponsoring authority and the detaining authority relied on the same which vitiates the detention order, that the petitioner is an illiterate person and did not know how to read and write Hindi, the grounds for detention were not explained to him, that the family members of the petitioner were not informed about the place of his detention and that the State Government did not report the detention to the Central Government within seven days as provided under sub-section (5) of the Act. Counter affidavits have been filed on behalf of the District Magistrate, Bulandshahr, State of U. P. , Superintendant, District Jail, Bulandshahr. No counter affidavit has been filed on behalf of the respondent No. 4, Union of India.
(3.) THE respondents have denied the allegations made in the writ petition. According to the respondents the activities of the petitioner had created terror in the area which amounts to disturbance of public order. THE contents of the detention order were explained to the petitioner. THE detention order was sent to the Central Government in time. THE detention order was sent to the State Government with all the relevant documents on 25-3-1992 itself and after examining the matter in detail the State Government approved the order of detention on 31-3-1992. Approval of the detention order was reported to the Government of India on 2-4-1992 and was received by Secretary, Ministry of Home Affairs, New Delhi on 3-4-1992 within seven days from the date of approval. A rejoinder affidavit has been filed on behalf of the petitioner stating that the averments made in the counter-affidavits were not correct.;