provisions of Sec.3(3) of the National
Security Act ("NSA" for brevity).
2. Learned counsel for the petitioner Shri Bahirani has raised ... Impugned order is issued in violation of Sec.3(4) of NSA.
3. Bare facts attending the instant case reveal that petitioner being owner
after to be referred to as "the Act" or "NSA"). As per averments, the petitioner is residing in the city ... jail, there was no sense in keeping him under deduction under NSA. It was further argued that the Detaining Authority failed to take into consideration
powers u/S. 3(2)
of National Security Act, 1980 (for brevity NSA) directing for
detaining the petitioner for a period of three months ... State Government . ....." found in
Sec. 3(4) of the NSA. This in the considered opinion of
this court amounts to unexplained and inordinate delay
taking stern action against the detenu
even to the extent of NSA, therefore, the action is politically motivated.
The Chief Minister being the head ... pertaining to the same are as hereunder:
S.No. Provision of the NSA Time-limit prescribed Action/orders Date of the
under which the action
consider the fact that the case on the basis of which NSA was imposed , in that case , the petitioner was already granted bail and even ... sent to judicial custody and was in jail when NSA was imposed on him. The detaining authority has mentioned in the detention order that
order dated 30/6/2011 was passed by the District Magistrate under NSA on various grounds, inter-alia, that the detenu was involved in extortion ... question would reveal that the sole emphasis for detaining the petitioner under NSA has been disclosed to be that he was involved in theft
date of arrest. Later on, he obstructed
and manhandled the server of NSA for which a case
FIR No.495/2000 ... above
said case, the Distt. Magistrate, Bulandshaher had passed
the order under NSA vide No.1297/Nyaye Sahayak dated
09.11.2000 against you for the reasons
exercise of power u/S.3 of the National
Security Act, 1980 (NSA Act ).
2. The stand of petitioner is that FIR dated ... 2021. Detenue was formally arrested in furtherance of
detention order under NSA Act on 5/6/2021.
3. Shri R.S.Chhabra, learned counsel
read with sub-section (3) of
National Security Act, 1980 (NSA Act ) against petitioner's younger
son for acting in a manner prejudicial ... impugned order dated 20/4/2021 is passed
detaining him under the NSA Act . The factual foundation in both the
matters are same
petitioner should be detained under Nation Security Act, 1980 (for short 'NSA'). Circle Officer Incharge of Police Station Wazirganj, District Gonda as well ... recommended to the District Magistrate Gonda for invoking the provisions of 'NSA'. Upon the recommendation of the police officers, the District Magistrate Gonda