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2021 Supreme(All) 369

RAMESH SINHA, JASPREET SINGH
Mohhammad Sazid – Appellant
Versus
Superintendent, District Jail, Lucknow – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Manish Kumar Tripathi, Chandrakesh Mishra.
For the Respondent: Varun Pandey.

JUDGMENT :

JASPREET SINGH, J.

1. The Court has convened through video conferencing.

2. Heard Shri Daya Shankar Mishra, learned counsel for the petitioner, Shri S.P. Singh, learned A.G.A. for the State-respondents no. 1, 2 and 3 and learned A.S.G. Senior Advocate Shri S.B. Pandey assisted by Shri Varun Pandey learned counsel for the Union of India.

3. The instant petition for habeas corpus has been preferred by the petitioner assailing his detention since 03.07.2020 in pursuance of the detention order passed by the respondent no. 2 in exercise of powers conferred under Section 3(2) of the National Security Act, 1980.

4. The Court had required the State as well as the Union of India to file their counter-affidavits and in pursuance thereof the State as well as the Union of India have filed their respective counter-affidavits. The Union of India has also filed a supplementary counter-affidavit, to which the petitioner filed his rejoinder-affidavit.

5. From the record, it appears that an incident had taken place on 20.02.2020 in pursuance whereof a First Information Report was also lodged bearing Case Crime No. 74 of 2020 under Sections 302, 394, 216-A, 120-B/34 I.P.C. and Section 7 of Crimi

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