HAJI AKHLAKH Vs. UNION OF INDIA AND 5 OTHERS
LAWS(ALL)-2018-3-459
HIGH COURT OF ALLAHABAD
Decided on March 30,2018

Haji Akhlakh Appellant
VERSUS
Union Of India And 5 Others Respondents

JUDGEMENT

RAMESH SINHA,J. - (1.) By means of this petition the petitioner has challenged the detention order dated 9.10.2017 passed by District Magistrate, Bulandshahr-respondent no. 3 which has been passed by him in exercise of his power under Section 3(3) of the National Security Act, 1990 (hereinafter referred to as the Act) by which the petitioner has been directed to be detained under section 3(2) of the National Security Act, 1980.
(2.) The detention order was passed by respondent no. 3 on the report forwarded by respondent no. 6 i.e. to the respondent no. 4 i.e. Senior Superintendent of Police, Bulandshahr who made the recommendation to respondent no. 3 District Magistrate, Bulandshahar for detaining the petitioner under the Act vide his report dated 5.10.2017. On the basis of said report, the respondent no.3 District Magistrate, Bulandshahar passed the impugned detention order against the petitioner on the ground which has been mentioned in the ground of detention which has been annexed as Annexure No. 6 to the present petition.
(3.) Against the detention order, the petitioner submitted his representation dated 20.10.2017 to the respondent nos. 1, 2 and 3 through respondent no. 5 Superintendent District Jail, Bulandshahar for being forwarded to them. The State Government approved the detention order dated 9.10.2017 vide order dated 18.10.2017 in exercise of power under section 3(4) of the Act. The said representation of the petitioner was rejected by the District Magistrate vide order dated 27.10.2017. The State Government also finally rejected the representation of the petitioner on 3.11.2017 which was communicated to the petitioner through the District Authorities by the State Government vide radiogram and letter dated 7.11.2017. The petitioner was also heard by the U.P. Advisory Board and the petitioner appeared before it on 13.11.2017 which found sufficient cause for detaining the petitioner. Thereafter once again the State Government examined afresh the entire case of the petitioner along with the opinion of the U.P. Advisory Board and took a decision to confirm the detention order and also for keeping the petitioner under detention for a period of three months provisionally from the date of actual detention of the petitioner i.e. since 9.10.2017.;


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