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2019 Supreme(All) 2391

MANOJ MISRA, MANJU RANI CHAUHAN
Anil Bhati – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Brijesh Sahai, Chandrakesh Mishra, Daya Shankar Mishra, Senior Adv. and Vikas Chandra Srivastava
For the Respondent: A.S.G.I., Annapurna Singh and Vinay Saran

ORDER :

1. We have heard Shri D.S. Mishra, learned senior counsel assisted by Shri Chandrakesh Mishra and Shri Vikas Chandra Srivastava, for the petitioner; Shri Shashi Bhushan, Advocate, holding brief of Shri Annapurna Singh, for the Union of India; Shri Vinay Saran, learned senior counsel assisted by Shri Harikesh Kumar Gupta, for the Intervenor; the learned A.G.A. for the state respondents; and have perused the record.

2. By means of this habeas corpus petition, the petitioner Anil Bhati, currently in Jail, has questioned his detention under the National Security Act, 1980 (for short the Act, 1980) pursuant to the order dated 05.12.2018 passed by the District Magistrate, Gautam Buddh Nagar (for short DM) under Section 3(2) read with Section 3(3) of the Act, 1980, which has been confirmed by the State Government vide order dated 22.01.2019 and, thereafter, the detention period has been extended. The petitioner has prayed that after setting aside the detention order he be released.

3. A resume of relevant facts would be apposite. From the return filed by the Jailor, District Jail, Kaushambhi (for short the Jailor), it appears, the petitioner Anil Bhati was admitted in District Jail,

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