V.M.Sahai, S.P.Mehrotra - (1.) -The present habeas corpus petition has been filed by the petitioner under Article 226 of the Constitution of India, inter alia, praying for quashing the impugned detention order dated 30.7.2007 (Annexure-4 to the petition) passed by the respondent No. 2, and further, for commanding the respondents to produce the corpus of the petitioner before this Court and set him at liberty.
(2.) IT appears that a First Information Report was lodged by one Chandra Prakash Sharma on 11.4.2007 regarding an incident alleged to have taken place on the same day. The said first information report was registered as Case Crime No. 161 of 2007, under Sections 147, 148, 149 and 302 of the Indian Penal Code and Section 7 of the Criminal Law Amendment Act, Police Station Mauranipur, District Jhansi against the petitioner and other co-accused persons. The petitioner and other co-accused were arrested in connection with the said crime case. While the petitioner was in detention in connection with the aforesaid crime case, the Circle Officer, Mauranipur, Jhansi submitted a report dated 29.7.2007 to the Senior Superintendent of Police, District Jhansi recommending detention of the petitioner under the National Security Act, 1980 (in short "the N. S. Act"). Pursuant thereto, the Senior Superintendent of Police, District Jhansi made similar recommendation dated 29.7.2007 to the District Magistrate, Jhansi. Thereupon, the District Magistrate, Jhansi (respondent No. 2) passed the detention order dated 30.7.2007 against the petitioner under Section 3 (2) of the N. S. Act.
(3.) THE petitioner was supplied with the grounds of detention as per the requirements of Section 8 (1) of the N. S. Act. The detention order was approved by the State Government as per the requirements of Section 3 (4) of the Act.;