A.S.Srivastava. J. - (1.) Devendra Kumar Goyal alias Babua resident of 5/89, Guru Tej Bahadur Road, Masooabad, Aligarh, has by this petition filed under Article 226 of the Constitution of India challenged his detention by the District Magistrate, Aligarh (hereinafter referred to as the detaining authority) by an order dated 20.9-84 passed under Section 3(2) of the National Security Act, 1980 (hereinafter) referred to as the Act).
(2.) The petitioner was arrested on 21-9-84 in pursuance of the aforesaid order of detention dated 20-9-84 and was lodged in the District Jail, Aligarh. The detaining authority sent copies of the order of detention, the grounds of detention and all relevant material to the State Government on the same day, i.e. 20-9-84 On 29-9-84 the State Government approved the order of detention of the petitioner. On the same day the State Government also informed the Central Government about the order of detention vide Radiogram No. 111/21 209/84-CK 6 dated 29-9-84 as contemplated under Section 3(6) of the Act. The State Governments order of approval was also communicated to the petitioner through the Superintendent, Distt. Jail, Aligarh.
(3.) On 7-10-84 the petitioner made a representation against the order of his detention which was received by the detaining authority on the same day i.e. 7-10-84. The representation was forwarded by the detaining authority to the State Government on 9.10-84 alongwith its comments thereon. It was received in the concerned Section of the State Government on 10-1984. On that date several other representations made under the Act were pending in the Section. On account of increase of number of detentions in the State during that period by two to three times then the number of detention made during this period in previous years, the entire staff of the Section worked day and night in clearing up representations received against these orders of detentions serially. The turn of the petitioners representation came on 15-10-84. It may also be pointed out that during this period, 13th (Second) Saturday of the months and 14th October, (Sunday) were holidays. The section took three days, i.e. 16th, 17th and 18th October, 1984, to examine the representation of the petitioner at various levels. On 19.10-84 it was placed before the joint Secretary (Home) who, after examining the same, forwarded it to the Home Secretary on the same day. The Home Secretary submitted it to the Government for final orders. It was ultimately rejected by the State Government on 23-10-84.;