SAMAR JEET Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Through this writ petition under Art. 226 of the Constitution of India the petitioner challenges an order of detention recorded against him under the provisions of the National Security Act (in short, NSA). The order was recorded on 6-5-1997 by the District Magistrate, Gorakhpur, as per Annexure 8 to the writ petition, and was confirmed on 19/06/1997, as per Annexure 14 to the writ petition. The petitioner prayed for quashing of the impugned orders and for immediately setting him at liberty.

(2.) The impugned order dated 6-5-1997 indicates that the District Magistrate was satisfied that it was necessary to detain the petitioner under the provisions of Section 3(2) of the NSA for preventing him from acting in any manner prejudicial to the maintenance of supplies of services essential to the community. The grounds that were appended to the detention order were also indicated to the petitioner through paper in Annexure-7 to the writ petition and it was indicated therein that the petitioner was found cutting overhead electric wires and was arrested and the cutting of the wires disrupted the supply of power to the detriment of the public in general. The grounds indicated that atleast on three occasions such offences were committed by the applicant, whereby not only the supply of electricity was disturbed but loss was also caused to a good extent to the State Electricity Board. The grounds indicated as to what were his rights to submit his representation and to claim personal hearing and who were the authorities for such redress.

(3.) After the presentation of the application the respondents were directed to come up with a counter affidavit and counter affidavits were filed by Sri R.S. Agarwal, the Dy. Secretary in the Government of Uttar Pradesh in its Home and Confidential Department, by Sri Sanjiv Sharan, the concerned District Magistrate of Gorakhpur, as also by the Jailor of the District Jail, Gorakhpur.