RAMESH YADAV Vs. DISTRICT MAGISTRATE ETAH

JUDGEMENT

(1.) This application under Art. 32 of the Constitution is directed against the order of detention of the petitioner under S. 3(2) of the National Security Act, 1980. The order is dated Sept. 16, 1984, and was made at a time when the petitioner had already been in Mainpuri Jail as an undertrial prisoner in connection with certain pending criminal cases. The grounds of detention were served on the petitioner along with the order of detention. Petitioner asked for certain papers with a view to making an effective representation but when the request was rejected, the petitioner made a representation. The Board did not accept the petitioner's plea. The petitioner's detention was confirmed by the State Government. Thereupon the writ petition has been filed.

(2.) A return has been made to the rule nisi and the detaining authority has justified his order. It may be pointed out that the petitioner had been detained under the same provision by an earlier order dated December 7, 1981. That detention was quashed by the Allahabad High. Court by order dated May 27, 1982, in Writ Petition No. 2649/82.

(3.) Five grounds were advanced in support of the order of detention. They are: