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2021 Supreme(All) 999

Abhayraj Gupta – Appellant
Versus
Superintendent, Central Jail, Bareilly – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Daya Shankar Mishra, Chandrakesh Mishra, Advocate,
For the Respondents:Sri. Syed Ali Murtaza, Ms. Sadhana Singh, Advocate

JUDGMENT :

Subhash Vidyarthi, J.

1. Heard Shri Daya Shankar Mishra, learned Senior Advocate, assisted by Shri Chandrakesh Mishra and Shri Abhishek Mishra Advocates, learned Counsel appearing for the petitioner, Shri Syed Ali Murtaza, learned Additional Government Advocate for the State-respondents (1) Superintendent, Central Jail, Bareli, (2) the District Magistrate, Shahjahanpur and (3) the State of Uttar Pradesh and Ms. Sadhna Singh, learned Standing Counsel for the Union of India.

2. The instant Writ Petition under Article 226 of the Constitution of India has been filed by the petitioner Abhay Raj Gupta, who is in custody in Central Jail, Bareilly, through his mother, seeking issuance of a Writ of Habeas Corpus challenging his detention under an order dated 23-01-2021 passed under Section 3 (2) of the National Security Act, 1980[NSA, 1980] and the entire consequential proceedings and continued detention as being illegal and unconstitutional and a prayer has been made to issue a Writ of Mandamus commanding the respondents to release the petitioner from custody.

3. The detention order dated 23-01-2021 states that the District Magistrate has been satisfied that it has become necessary

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