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2021 Supreme(All) 891

Sonu @ Mohd. Ishtiyaq Through Mother Shameem Bano – Appellant
Versus
Union of India, Through Secretary, Government Of India Ministry Of Home, through Deputy Secretary (Internal Security), Suraksha Prabhag, 9th Floor, C wing, Lok Nayak Bhawan, Khan Market, New Delhi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: S.Malik-E-Ashtar Rizvi, Anil Kumar Pandey
For the Respondent:Government Advocate, Assistant Solicitor General, Chief Standing Counsel.

JUDGMENT :

Saroj Yadav, J.

1. The instant Habeas Corpus petition has been filed under Article 226 of the Constitution of India by the detenue/petitioner Sonu @ Mohd. Ishtiyaq through his next friend/mother Shameem Bano to quash the impugned detention order passed by the respondent No.3 i.e. District Magistrate, Barabanki vide No.01/J.A./Ra.Su.Ka./2021 dated 11.04.2021, whereby the detention order has been passed exercising the power under Section 3(2) of the National Security Act, 1980 (in short 'NS Act') and directing to retain the petitioner/detenue under Section 3(2) of the NS Act as well as the impugned order dated 22.04.2021 passed by the respondent No.2, whereby the detention order has been approved by the State Government.

2. The pre-judicial activities of the petitioner/detenue necessitating the District Magistrate, Barabanki to pass the impugned detention order against him are detailed in grounds of detention. The facts relating to detention of the petitioner/detenue has been described in the 'grounds of detention' followed by detention order dated 11.04.2021 in short are as under:-

One Mr. Mahendra Singh, Sub Inspector, Police Station Ram Sanehi Ghat, District Barabanki has l

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