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Allahabad High Court · body

1985 DIGILAW 606 (ALL)

Bheem Singh v. Union of India

1985-05-22

I.P.SINGH, R.P.SHUKLA

body1985
JUDGMENT I.P. Singh, J. - Bheem Singh (hereinafter referred to as the 'detenu') has filed this Habeas Corpus Writ Petition under Article 226 of the Constitution. to challenge the validity of the detention order dated 22-8-1984 passed by the District Magistrate, Saharanpur, (hereinafter referred to as the 'detaining authority') under S. 3(2) of the National Security Act (Act No. 65 of 1980) (hereinafter referred to as the 'Act') with a view to preventing the detenu from acting in any manner prejudicial to the maintenance of public order. 2. After hearing arguments from both sides, we feel that it would be futile to detail all the facts involved in this writ petition because it can be disposed of on a short point to be discussed hereinafter. 3. The impugned detention order was passed by the detaining authority on 22-8-1984. The point raised by the learned counsel for the detenu is that there has been violation of section 10 of the Act inasmuch as the representation of the detenu which was presented on 8-9-1984 was not placed before the advisory Board within the statutory period of three weeks. 4. The counter-affidavit filed by the detaining authority is silent regarding the despatch of the said representation of the detenu to the Advisory Board. 5. The counter-affidavit of Sri Banshi Dhar Pandey. Upper Division Assistant, Confidential Section 'VI, U.P. Secretariat, Lucknow, filed on behalf of the State Government has categorically stated in para 3 that the representation of the detenu dated 8-9-1984 was received in the section concerned on 12-9-1984. The said representation was sent to the Advisory Board of the State Government on 15-9-1984. Evidently this was beyond 3 weeks of the date of detention. The provision of S. 10 of the Act is clearly violated. This renders the detention order illegal. 6. The writ petition is hereby allowed. The detention being illegal, there is no justification in the continued detention of the detenu. We direct the respondents not to detain Bheem Singh (detenu) any more in pursuance of the said detention order dated 22-8-1984 passed by the District Magistrate, Saharanpur. 7. It is made clear that the order passed by us today will not entitle the detenu to his physical release if he is wanted in any other matter and can be detained in pursuance of any other lawful order.