J.J.MUNIR,J. - (1.) The petitioner Pankaj Singh has been detained under section 3(2) of the National Security Act, 1980 (hereinafter referred to as the 'Act') under an order of the District Magistrate, Jaunpur (for short the "Detaining Authority") dated 07.11.2016. The order dated 07.11.2016 shall hereinafter be referred to as the "detention order".
(2.) The representation made by the petitioner to the Detaining Authority has been rejected by an order dated 21.11.2016 on ground that by the time the the petitioner's representation was received by the District Magistrate, that is to say, on 19.11.2016 the State Government had already rejected the representation by an order dated 15.11.2016. The Central Government rejected the petitioner's representation by an order that was communicated to the detenu petitioner through the Superintendent, District Jail, Jaunpur by a wireless message dated 09.12.2016. The case of the petitioner was reviewed by the Advisory Board under Section 12(1) of the Act who affirmed the detention order. The decision of the Advisory Board was communicated to the petitioner under the signature of the Under Secretary, Home (Confidential Department), Govt. of U.P. by a radiogram dated 28.12.2016 through the Superintendent, District Jail, Jaunpur.
(3.) This petition which in essence is a writ petition seeking a writ, order or direction in the nature of Habeas Corpus to restore the petitioner to his liberty that stands taken away by virtue of the detention order, seeks the following material reliefs: "I. To issue a writ, order or direction in the nature of certiorari quashing the impugned detention order dated 07.11.2016 passed by the District Magistrate, Jaunpur under section 3(2) of the National Security Act, 1980. II. To issue any other writ, order or directions in the nature of Habeas Corpus commanding the respondents to release the petitioner forthwith detained in pursuance to detention order dated 07.11.2016 passed by the District Magistrate, Jaunpur under section 3(2) of the National Security Act, 1980.";