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A.K.SIKRI, D.K.JAIN
Mohd. Afzal – Appellant
Versus
Union of India – Respondent


Counsel for the parties:
For the Petitioner:Mr. Bahar U. Barqi, Advocate.
For the Respondents:Ms. Mukta Gupta with Narendra Bisht and Ms. Rajdipa Behura, Advocates.
determines the fact.

ORDER

D.K. Jain and A.K. Sikri, JJ. —By this writ petition under Article 226 of the Constitution, the petitioner-Mohd. Afzal prays for issuance of a writ of habeas corpus, challenging the pro­priety and validity of the order of detention dated 20 June 2003, passed by the Com­missioner of Police, Delhi (hereinafter re­ferred to as ‘the detaining authority’) under sub-section 2 of Section 3 of the National Security Act, 1980 {for short ‘the NSA’) on being satisfied that the petitioner’s deten­tion was necessary with a view to prevent­ing him from acting in any manner prejudi­cial to the maintenance of public order.

2. The order of detention along with the grounds of detention was served on the petitioner on 20 June 2003. Against the said order, the petitioner made a representation to the Advisory Board constituted under Section 9 of the NSA. The case of the peti­tioner, along with his representation was placed before the Advisory Board, who opined that there was sufficient cause for the detention of the: petitioner. Accordingly, in exercise of powers conferred by Section 12(1) of the NSA, the Lieutenant Governor of National Capital Territory of Delhi con­firmed the aforesaid order

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