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1988 DIGILAW 569 (SC)

Ranbir Singh v. T. George Joseph, District Magistrate, Meerut

1988-08-22

A.P.SEN, L.M.SHARMA, N.D.OJHA

body1988
(1) IN this petition under Article 32 of the Constitution seeking the issuance of a writ of habeas corpus, the petitioner by the courtS order dated 14/10/1987 was permitted to implead the Union of India through the secretary to the government, Ministry of Home Affairs and also raise an additional ground viz. ground no. 24. The additional plea taken by the petitioner is that he had on 18/09/1987 made a representation to the State government of Uttar Pradesh through the Secretary to the government, Home Department, Lucknow with an additional copy to the central government for consideration, and that neither the State government of Uttar Pradesh nor the central government have considered his representation as enjoined by Article 22(5 of the Constitution. The central government as well as the State government have disdained from filing any counter-affidavit. The central government has also chosen not to enter appearance. The only counter-affidavit on record is the one by the District Magistrate, Lucknow. The allegation that the petitioner made a representation to the State government and that the State government has failed to consider the same has remained uncontroverted. In the premises, due to the failure of the State Government to consider the representation made by the petitioner, his continued detention is illegal and constitutionally impermissible. (2) ACCORDINGLY, the writ petition succeeds and is allowed. The impugned order of detention passed by the District Magistrate, Lucknow dated 11/09/1987 under S. 3(2 of the National Security Act, 1980 is quashed. We direct that the petitioner be set at liberty forthwith unless required in some other case.