Research › Search › Judgment

Allahabad High Court · body

2010 DIGILAW 2542 (ALL)

Abdul Qayyum v. Union of India

2010-08-19

B.K.NARAYANA, POONAM SRIVASTAVA

body2010
JUDGMENT (1) Heard Sri Mohd. Islam, counsel for the petitioner, Sri D.S. Shukla Advocate on behalf of Union of India respondent No. 1 and Sri Sudhir Mehrotra Advocate appearing on behalf of respondent Nos. 2, 3 and 4. (2) COUNTER and rejoinder affidavits have been exchanged. The habeas corpus petition is taken up for final hearing. This habeas corpus writ petition has been preferred against the detention order dated 11.11.2009 passed by the District Magistrate, Allahabad detaining the petitioner under the provisions of National Security Act (hereinafter referred to as NSA). (3) According to the petitioner, the facts of the case are that petitioner was taken into custody by police of Police Station Ghoorpur, Allahabad on 16.10.2009. His daughter sent a telegram next day i.e. 17.10.2009 to the D.I.G. and District Magistrate, Allahabad informing them regarding arrest of her father. However, according to record, it transpires that the petitioner was arrested in connection with an offence under Sections 489-B, 489-C I.P.C. registered at case crime No. 402 of 2009. The Station Officer Police Station Ghoorpur submitted a report on 5.11.2009 for initiating proceeding under the NSA which was forwarded to the District Magistrate, Allahabad under Section 3(2) of NSA on 7.11.2009 and detention order was passed against the petitioner on 11.11.2009. It is stated that the petitioner submitted a representation to respondent Nos. 1 and 2 i.e. Union of India and State of U.P. against the detention order praying that the order may be revoked. The representation of the petitioner was not accepted and, therefore, the instant habeas corpus writ petition has been preferred.