DEEPU ALIAS KULDEEP YADAV Vs. UNION OF INDIA AND 5 OTHER
LAWS(ALL)-2017-11-250
HIGH COURT OF ALLAHABAD
Decided on November 06,2017

Deepu Alias Kuldeep Yadav Appellant
VERSUS
Union Of India And 5 Other Respondents

JUDGEMENT

J.J.MUNIR,J. - (1.) This is a petition framed as one for a writ of Habeas Corpus seeking to challenge the continued detention of the petitioner Deepu @ Kuldeep Yadav under an order dated 11.02.2017 passed by the District Magistrate, Etawah (for short the "Detaining Authority") in exercise of his power under section 3(2) of the National Security Act, 1980 (hereinafter referred to as the 'Act'). The order dated 11.02.2017 shall hereinafter be referred to as the "detention order".
(2.) Though the petition is one for a writ of Habeas Corpus the petitioner has sought the following material relief alone: "(i) Issue a writ, order or direction in the nature of certiorari quashing the detention order dated 11.02.2017 passed by the respondent no.3 vide letter no. 743/JANSA/2017, by which an order has been passed by exercising power under section 3(3) of the National Security Act, 1980, by which the petitioner has been directed to be detained under section 3(2) of The National Security Act, 1980."
(3.) To our mind the relief claimed which is one for a writ, order or direction in the nature of certiorari with no relief claimed for a writ, order or direction in the nature of Habeas Corpus is absolutely misplaced and does accord with the frame of the writ petition that is entirely in substance one for a writ, order or direction in the nature of Habeas Corpus.;


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