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2021 Supreme(All) 694

RAMESH SINHA, SAROJ YADAV
Kanhaiya Awasthi Thru Next Friend Shivangi Awasthi – Appellant
Versus
U. O. I. Thru Secy. Home Affairs New Delhi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Nadeem Murtaza, Sudhanshu S. Tripathi
For the Respondent: Varun Pandey

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.

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