S.C.AGARWAL, J. - (1.) IN both these writ petitions the petitioner, Smt. Gora Devi, has prayed for the issuance of a writ of the habeas corpus for securing the release of her son Virendra Singh @ Babulal s/o Jugal Singh (hereinafter referred to as 'the detenue'). The writ petition No 1840/82 was filed on 27th September. 1982 by the petitioner through he counsel Shri M.D. Purohit. The writ petition No 1960/82 has been registered on the basis of a telegram addressed by the petitioner to Hon'ble the Chief Justice of this Court.
(2.) BY order dated 12th July, 1982 passed by the State Government of Rajasthan in exercise of the powers conferred on it under Sub -section (2) of Section 3 of the National Security Act, 1980 (hereinafter referred to as 'the Act') wherein it was been stated that the State Government was satisfied that it was necessary to detain the detenue with a view to preventing him in manner prejudicial to the maintenance of public order and it has been directed that the detenue be detained in Central Jail, Jaipur. In pursuance of the aforesaid order of detention, the detenue was arrested on 25th July, 1982. After his arrest, the State Government by its communication dated 27th July, 1982 forwarded to the detenue the memorandum dated 19th July, 1982 containing the grounds for his detention along with the documents referred to in the said grounds. By the aforesaid memorandum, the detenue was informed that he could submit his representation against his detention to the Home Commissioner cum -Secretary of the Government of Rajasthan through the Superintendent, Central Jail, Jaipur. The detenue submitted a representation dated 30th July, 1982 against his detention to the Hon'ble Chief Justice of this Court Another representation dated 6th August, 1982 was submitted by the petitioner and it was addressed to the Registrar of this Court. Both these representations were forwarded by the Registrar of this Court to the Secretary to the Government of Rajasthan cum Home Commissioner, Home Department Jaipur vide letter dated 9th August, 1982. By the communication dated 17th August, the detenue was informed that that this representation dated 30th July 1982 addressed to the High Court had been carefully considered by the State Goverment and had been rejected. By a similar communication dated 17th August 1982, the petitioner was informed that the representation dated 6th August, 1982 submitted by her had been carefully considered by the State Government and the same had been rejected Another representation was submitted by the petitioner to the Secretary, Home Department to the Government of Rajasthan and by communication dated August 26/27, 1982, the petitioner was informed that the said representation had been carefully considered by the State Government and hid been rejected. In the meanwhile, the case of the detenue had been referred to the Advisory Board constituted in accordance with Section 9 of the Act. The Advisory Board met on 18th August, 1982 and the detenue was produced before the Advisory Board. The detenue made of(sic)al submissions before the Advisory Board and after taking into consideration the aforesaid submissions made by the detenue, the Advisory Board passed an order calling upon the State Government to make further enquiry into the matter and supply the correct information to the Advisory Board. The matter was adjourned to 2nd September, 1982. Thereafter, the State Government passed the order dated 4th September, 1982 wherein it has been stated that the matter of detention of the detenue had been referred to the Advisory Board and the Advisory Board had reported that in its opinion, there was sufficient cause for detention of the detenue and, therefore in exercise of the powers conferred by Sub -section (1) of Section 12 of the Act, the State Government, af(sic)eret king in to consideration all the circumstances, confirms the order of the detenue and, directs that the detenue be kept in detention for a period of one year i.e. till 24th July, 1983.
(3.) IN these writ petitions, the petitioner has challenged the legality of the detenue on various grounds. A notice was issued to the respondents in writ petition no 1840/82 and in response to the said notice, a reply has been filed on behalf of the respondents. It may be mentioned that prior to the filing of these writ petitions another writ petition (D.B. Civil Hab as Corpus petition No 1586/82) had been filed by the petitioner in this Court and the said writ petition was dimissed by the order of this Court dated 7th September, 1982.;