U. S. Tripathi, J. - (1.) -This writ petition has been filed by the petitioner for quashing his detention order dated 7.9.2002, passed by District Magistrate, Bulandshahr, respondent No. 1 under Section 3 (2) of National Security Act.
(2.) THOUGH the detention order was challenged on various grounds, but the learned counsel for the petitioner has confined his argument only on two points : (1) The representation of the petitioner was not decided by the Central Government, which infringed his fundamental right guaranteed under Article 22 (5) of the Constitution of India and (2) the statements of prosecution witnesses were recorded subsequently and the witnesses turned hostile and did not support the case of prosecution and it shows that detaining authority has not applied his mind. Since for decision of above two points, the detailed facts of the case, on the basis of which detention order is passed is not essential, therefore, we are not adverting to the facts of the case in detail. We have heard Sri J. S. Sengar assisted by Sri Ajit Kumar Singh Solanki, learned counsel for the petitioner, learned A.G.A. and learned standing counsel and have gone through the record.
(3.) REGARDING non-decision of representation of the petitioner by the Central Government, it was alleged in para 27 of the petition that against the detention order, the petitioner submitted representation through Jail Superintendent, Bulandshahr, to the detaining authority, State Government, Advisory Board and Union of India on 10.9.2002. In para 30 of the petition, it was alleged that the petitioner was informed by Sri V. K. Gupta, Additional Secretary, Union of India that the Union Government rejected the representation of the petitioner, but it has not stated that a word that as to when the representation of the petitioner was rejected by the Union Government. In para 31 it was alleged that there is considerable delay in deciding representation of the petitioner on the part of Union of India. In para 5 of his counter-affidavit Sri C. P. Tripathi, Deputy Jailor, District Jail, Bulandshahr, disclosed that the petitioner has submitted his representation to the Jail Authorities on 13.9.2002 and on same day the said representation was sent to the office of District Magistrate, Bulandshahr, for further action in the matter.;