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2017 Supreme(All) 1985

VIPIN SINHA, J.J.MUNIR
Pankaj Singh – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Brijesh Sahai, Katyayini
For the Respondents: G.A., N.D. Rai

JUDGMENT :

J.J. Munir, J.

1. The petitioner Pankaj Singh has been detained under Section 3(2) of the National Security Act, 1980 (hereinafter referred to as the 'Act') under an order of the District Magistrate, Jaunpur (for short the "Detaining Authority") dated 07.11.2016. The order dated 07.11.2016 shall hereinafter be referred to as the "detention order".

2. The representation made by the petitioner to the Detaining Authority has been rejected by an order dated 21.11.2016 on ground that by the time the petitioner's representation was received by the District Magistrate, that is to say, on 19.11.2016 the State Government had already rejected the representation by an order dated 15.11.2016. The Central Government rejected the petitioner's representation by an order that was communicated to the detenu-petitioner through the Superintendent, District Jail, Jaunpur by a wireless message dated 09.12.2016. The case of the petitioner was reviewed by the Advisory Board under Section 12(1) of the Act who affirmed the detention order. The decision of the Advisory Board was communicated to the petitioner under the signature of the Under Secretary, Home (Confidential Department), Govt. of U.P. b







































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