- (1.) S. H. A. Raza, J. The District Magistrate, Lucknow, on 7-3-1998, passed an order of detention of the petitioner under National Security Act (hereinafter referred to as the Act' ). The said order was served upon the detenu on 8-3-1998 alongwith the grounds of detention while he was already in jail. The District Magistrate, Lucknow, sent the papers to the State Government for approval under Section 3 (4) of the Act vide his letter dated 8-3-1998 itself which was received by the Government on 9-3-1998. The Stale Government, after the receipt of papers far approval examined the same and ap proved the detention of the petitioner under Section 3 (4) of the said Act on 12-3-1998, within a period of 12 days from the date of detention order. The Government made a reference, under Section 3 (5) of the Act to the Government of India on 16-3-1998 which was received on 18-3-1998. The State Govt. also made a refer ence, as provided under Section 10 of the Act, to the Advisory Board on 16-3-1998.
(2.) THE petitioner referred a repre sentation on 30-3-1998 which was received by the State Government vide District Magistrate's letter 4-4-1998 alongwith the comment. THE State Government sent copies of the representation alongwith comments to the Advisory Board on 6-4-1998. THE representation of the petitioner alongwith comments was also sent to the Secretary, Government of India, Ministry of Home Affairs,new Delhi, on 6-4-1998. The representation of the petitioner was finally rejected by the Stale Government on 8-4-1998 and an intima tion of rejection was communicated to the detenu through the District Magistrate on 15-4-1998. The Advisory Board was also informed of the rejection of the repre sentation of the petitioner- detenu on 15-4-1998. The petitioner was heard by the Advisory Board on 7-4-1998. The report of the Advisory Board under Section 11 of the Act was received by the State Govern ment on 20-4-1998 vide Additional Registrar's letter dated 18-4-1998. After the report of the Advisory Board was received by the Stale Government, the case of the petitioner was considered in detail and the same was submitted for or ders on 21-4-1998 and the Stale Govern ment confirmed the detention of the petitioner under Section 12 (1) of the Act on 24-4-1998. The order of confirmation was issued on 27- 4-1998 by the State Government which was served on the petitioner-detenu on 8-5-1998. A report, as envisaged under Sec tion 3 (5) of the Act, about the detention of the petitioner was made by the Govern ment of Uttar Pradesh to the Central Government, Ministry of Home Affairs, New Delhi, vide letter dated 16-3-1998 which was received in the Ministry of Home Affairs on 18-3-1998 and it was immediately attended to. The Central Government completed examination of the report on 23-3-1998. The concerned Deputy Secretary, authorized to Act under Sections 3 (5) and 14 of the Act, examined the said report and decided on 23-3-1998 that there was no necessity, to interfere with the order of the Government of Uttar Pradesh and therefore there was no reason to revoke the order of detention.
(3.) THE representation dated 30-3-1998 from the petitioner was received by the Central Government, Ministry of Home Affairs, on 17-4-1998 through the Government of Uttar Pradesh. This repre sentation was immediately processed for consideration and it was found that certain vital information (opinion of the Advisory Board) required for its further considera tion was needed and the same was sought for through crash wireless message dated 21-4-1998. The said information was received in the Ministry of Home Affairs of the Central Government on 23-4- 1998 vide State Government's wireless message dated 22-4-1998. On receiving the said in formation, on 23-4-1998 the case of the detenu was put up before the Deputy Secretary, Ministry of Home Affairs in the Central Government on 27-4-1998 who after carefully considering the same, with his comments, put up the same before the Joint Secretary on 28-4-1998. The Joint Secretary considered the case with com ments and put up the same before the Home Minister, Government of India, on 28-4-1998 who himself duly considered the case of the detenu and rejected the repre sentation of the petitioner- detenu on 13-5-1998.;