- (1.) Heard learned counsel for the petitioner, Sri. J.K.Upadhyay, lerned AGA for the State and Sri Brij Lal, learned counsel for the Union of India.
(2.) This habeas corpus writ petition has been filed on behalf of the petitioner Jitendra Kumar with a prayer to isssue a writ order of direction in the nature of certiorari quashing the impugned detention order dated 28.10.2014 passed by District Magistrate, Ballia (Annexure-1) to the writ petition. Further prayer has been made to issue a writ order or direction in the nature of habeas corpus commanding the respondent nos. 1, 2 and 3 to set the petitioner, who is presently detained in District Jail, Ballia, at liberty.
(3.) The facts of the case in brief are that the District Magistrate, Ballia passed the order dated 28.10.2014 in exercise of the powers conferred on him under Section 3(2) of the National Security Act (hereinafter referred to as 'NSA') while the petitioner was in District Jail, Ballia on account of his being accused of case crime no. 420 of 2014, under Sections 147, 148, 149, 307, 386 and 279 IPC and 7 Crl. Law Amendment Act. The copy of the detention order and the grounds of detention and all other connected papers were served upon the petitioner while he was in jail in connection with the aforesaid case crime. The petitioner made a representation to the Chairman, Advisory Boad, Lucknow, annexure-3 to the writ petition. The detention order was approved by the State Government respondent no.1 vide order dated 12.12.2014 Annexure-4 to the writ petition.;