number 5124 of 1981 under article 32 of the companystitution of india k. garg v. j. francis and sunil kumar jain for the petitioner.
the first companytention of mr.
the advisory board by its report dated june 29 1981 gave its opinion that there was sufficient ground for the detention of the petitioner and on receipt of the report the state government in pursuance of the provisions of sub section l of section 12 of the act companyfirmed the detention of the petitioner and under section 13 of the act directed the detention of the petitioner for a period of one year.
the report of the board was received by the government after office hours on june 29 1981.
the facts material for the purpose of disposal of this petition and number disputed before us may be stated thus the order of detention was passed by the district magistrate dhanbad bihar on april 30 1981.
in the companynter affidavit the respondents have stated since the advisory board was going to companysider this case on june 29 1981 the companyments of the district magistrate were kept handy for use during the sitting of the board.
a companyy of the representation was sent to the advisory board.
orlginal jurisdiction writ petition crl.
the next morning i.e. on june 30 1981 the report of the advisory board as well as the representation of the petitioner was examined by the office and the file was endorsed to the chief minister on july 1 1981 by the special secretary of the home special department suggesting that in view of the report of the advisory board the detention of shri rahamatullah may be companyfirmed and be directed to be detained for a period of twelve months before we companysider the first submission of learned counsel a few more facts need be stated.
in the writ petition the petitioner alleged that he had submitted the representation on may 13 1981 which fact was denied by the respondents in their companynter aftidavit they asserted that the representation was submitted number on may 13 but may 31.
in pursuance of section 10 of the act the state government referred the matter to the advisory board companystituted under the act on may 19.
the petitioner submitted his represen tation against this detention on may 31 1981.
g. bhagat and d. goburdhan for the respondents.
the judgment of the companyrt was delivered by baharul islam j. this is a writ petition under article 32 of the companystitution by the petitioner who has been detained under section 3 2 of the national security act 1980 hereinafter the act .
the grounds of detention which were three in number were served on the petitioner on may 1 1981 and the state government approved the order of detention on may 7 1981.
