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2023 Supreme(All) 489

DEVENDRA KUMAR UPADHYAYA, NARENDRA KUMAR JOHARI
Mohd. Sheebu Alias Sheebu Chaudhary Through Brother Mubarak Ahmad – Appellant
Versus
Union of India, Thru. Secy. Mini. of Home Affairs – Respondent


Advocates Appeared:
For the Petitioner: Sarvesh Kumar Pandey, Sushil Kumar Singh, Trishita Singh.
For the Respondent: A.S.G.I., Dr. Pooja Singh, G.A.

JUDGMENT :

D.K. Upadhyaya, J.

1. These proceedings under Article 226 of the Constitution of India have been instituted by the detenue-Mohd. Sheebu @ Sheebu Chaudhary through his brother and next friend Mubarak Ahmad praying for issuing a writ of Habeas Corpus setting the detenue free from detention as directed by the District Magistrate, Sitapur by means of an order dated 08.03.2022 after quashing the same.

2. Heard Shri Sushil Kumar Singh, learned counsel for the petitioner, learned Additional Government Advocate representing the State-respondents and Ms. Pooja Singh, learned counsel representing the Union of India and perused the records available before us on this writ petition.

3. As observed above, the order impugned herein is dated 08.03.2022 passed by the District Magistrate, Sitapur (hereinafter referred to 'the detention order') whereby the detenue has been ordered to be detained in preventive detention at District Jail, Sitapur in terms of the provisions contained in section 3(2) and 3(3) of the National Security Act, 1980 (hereinafter referred to as 'NSA').

4. Though various grounds impeaching the impugned detention order have been urged by the learned counsel for the petitio

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