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2021 Supreme(All) 475

SURYA PRAKASH KESARWANI, PIYUSH AGRAWAL
Kali Prasad @ Pandit Singh – Appellant
Versus
Union Of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Raj Kumar Singh,Anil Kumar Yadav,Chandrakesh Mishra Counsel
For the Respondent: A.S.G.I., Ajay Singh,G.A.

JUDGMENT :

Surya Prakash Kesarwani, J.

1. Heard Sri Daya Shankar Mishra, learned Senior Advocate, assisted by Sri Chandrakesh Mishra, learned counsel for the petitioner, Sri Rishi Chaddha, learned A.G.A. for the State-respondents and Sri Ajay Singh, learned Central Government Counsel for the respondent no.1.

2. This writ petition has been filed praying for the following relief :

    “(i) Issue a writ order or direction in the nature certiorari quashing the impugned order of detention dated 2.11.2020 passed by District Magistrate District Basti/ respondent no.3 in Order no.5176/J.A. (NSA)/2020 by exercising of power U/s 3(3) of National Security Act, 1980.

(ii) Issue a Habeas Corpus writ order or direction in the nature of mandamus directing the respondents to release the petitioner forthwith from detention U/s 3(3) of National Security Act, 1980.”

3. Briefly stated facts of the present case are that by the impugned order dated 02.11.2020, under Section 3(2) of the National Security Act, 1980 (hereinafter referred to as “the Act 1980”), passed by the District Magistrate, Basti, the petitioner was detained for the grounds/reasons mentioned in the impugned order. The petitioner was informed abo

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