- (1.) Heard learned counsel for the petitioner and learned A.G.A. for the State of U.P. This Habeas Corpus Writ Petition has been moved on behalf of the petitioner Udai Vir Singh with a prayer to set aside the detention order dated 19.11.2012 passed by District Magistrate, Meerut in exercise of the powers conferred under section 3(2) of the National Security Act and to sat the petitioner on liberty forthwith.
(2.) The facts in brief of this case are that the District Magistrate, Meerut passed the order dated 19.11.2012 in exercise of the powers conferred under section 3(2) of the National Security Act (Here-in-after referred to NSA) and the petitioner has been detained in District Jail, Meerut as ordinary detenu. The copy of the detention order, ground of the detention and all the connected papers were served upon the petitioner on 20.11.2012. The impugned order dated 19.11.2012 has been approved by the State Government on 27.11.2012. The above mentioned documents were also sent to the Central Government by the State Government through speed post letter dated 29.11.2012, the case of the petitioner was referred to Advisory Board by the State Government by sending the detention order, the ground of detention and all other connected papers on 29.11.2012. The representation of the petitioner dated 3.12.2012 along with parawise comments forwarded by the District Magistrate, Meerut to the State Government vide letter dated 5.12.2012, the same was received in the concerned section of the State Government on 7.12.2012. The State Government sent its copy and parawise comments thereon to State Advisory Board and Central Government vide separate letter dated 10.12.2012, the representation of the petitioner was rejected on 12.12.2012. The rejection of the representation was communicated to the petitioner through district authorities by radiogram dated 13.12.2012.
(3.) The Advisory Board by its letter dated 11.12.2012 informed the State Government that the case of the petitioner will be taken up for hearing on 13.12.2012 and directed that petitioner be informed that if he desires to attend the hearing before the Advisory Board along with his next friend (None Advocate) he could do so and be allowed to take his next friend along with him, if he so requested. The petitioner appeared before the Advisory Board on the date fixed. The Advisory Board after the petitioner considered his representation and other documents gave its reply that there was sufficient cause for detention of the petitioner. This report and the record of the petitioner were received in the concerned section of the State Government through Registrar, U.P. Advisory Board letter dated 26.12.2012 on 27.12.2012. On receipt thereon the State Government once again examined afresh the entire case of the petitioner along with the opinion of the Advisory Board and took the decision to confirm the detention order on 1.1.2013 and also for keeping the petitioner under detention for a period of 12 months from 19.11.2012. The representation dated 3.12.2012 sent to the Central Government has been rejected on 19.12.2012.;