RAMESH SINHA, SAROJ YADAV
Kanhaiya Awasthi Thru Next Friend Shivangi Awasthi – Appellant
Versus
U. O. I. Thru Secy. Home Affairs New Delhi – Respondent
JUDGMENT :
Ramesh Sinha, J.
(1) Questioning the legality and validity of the order dated 06.09.2020 passed by the District Magistrate, Unnao (respondent no.3), directing detention of Kanahaiya Awasthi (detenue/petitioner herein) in exercise of its power under Section 3 (2) of the National Security Act, 1980 as well as the order dated 14.09.2020 passed by the Under Secretary, Home (Confidential) Department, Government of Uttar Pradesh (respondent no.2), confirming the order of detention dated 06.09.2020, petitioner/detenue Kanahaiya Awasthi has preferred the instant Habeas Corpus petition through his next friend and sister-in-law Shivangi Awasthi.
(2) The prejudicial activities of the petitioner/detenue impelling the third respondent (District Magistrate, Unnao) to clamp the impugned detention order against him are contained in grounds of detention, according to which, on 19.06.2020 at 3:30 p.m., one Subham Mani Tripathi, who was a journalist by profession and the district correspondent of a news daily ‘Kampumali’ published from Unnao, was murdered by the petitioner and other co-accused persons. In this regard, brother of deceased, namely, Rishabh Mani Tripathi, lodged an F.I.R. on 19.
K.M. Abdulla Kunhi & B.L. Abdul Khader v. Union of India and Ors. : (1991) 1 SCC 476(C/B)
Lahu Shrirang Gatkal Vs. State of Maharashtra through the Secretary and others : (2017) 13 SCC 519
Rama Dhondu Borade v. V.K. Sarqf
Rajammal v. State of Tamil Nadu and another
Senthamilselvi v. State of T.N. reported in (2006) SCC 676
T. Devaki Vs. Government of Tamil Nadu and others
Union of India v. Dimple Happy reported in (AIR 2019 SC 3428)
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.