- (1.) Heard Shri A. K. S Vaishya, Advocate, holding brief of Sri Nirbhay Singh, learned counsel for the petitioner, Shri Thakur Azad Singh, learned counsel for the Union of India and Shri Patanjali Mishra, learned AGA for the State.
(2.) The present writ petition which is in the nature of Habeas Corpus has been filed seeking release of detenue Gulsher son of Baraku @ Nizamuddhin, from alleged illegal detention and quashing of the detention order dated 05.02.2018 passed under Section 3(2) of the National Security Act, 1980 (hereinafter referred to as the 'Act') and all consequential orders by means of which the detention order has been extended for a period of three months each from time to time. The reliefs as sought in the present writ petition are herein as under: (I) Issue a writ, order or direction in the nature of habeas corpus to quash the impugned order of detention dated 05.02.2018 passed by the respondent no.3 and order dated 27.02.2018 passed by respondent no.3 and order dated 16.02.2018, 22.03.2018 and order dated 27.04.2018 extend the detention period for six months passed by the respondent no.2 also passed by respondent no.2 vide Annexure Nos. 1, 2, 3, 4 of this writ petition and set the petitioner Gulsher at liberty. (II) Issue any other writ, order or direction, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. (III) Award the costs of the writ petition in favour of the petitioner."
(3.) We have heard learned counsel for the parties and we have also perused the record as has been produced before this Court. The detention order, for quashing of which the present HCWP has been filed, is dated 05.02.2018, initially for a period of three months, which was subsequently approved on 16.02.2018 and thereafter, has been extended vide three different orders for a period of three months by each order. The ordera are dated 22.04.2018, 26.07.2018 and 25.10.2018.;