Notwithstanding this order of the High Court, the State of Uttar Pradesh instead of lodging an appeal in this Court, applied for grant of special leave under Article 136 of the Constitution.
The respondent moved an application under Article 226 of the Constitution for a writ of habeas companypus and challenged his companytinued detention on the ground that the provisions of Section 10 of the Act had number been companyplied with and his representation had number been placed before the Advisory Board within three weeks from the date of detention.
The High Court found that the petitioner had made a representation on August 16, 1981, which the authorities of the Jail had forwarded to the District Magistrate and he in his turn sent the same to the State Government on August 24, 1981.
The State Government received the representation, on August 25, 1981, and caused it to be placed before the Advisory Board on August 29, 1981.
That application was registered as Special Leave Petition Criminal No.
According to the High Court, the representation of the petitioner was placed before the Advisory Board twenty two days after the date of detention of the petitioner.
It added at the end of its order As the question whether Section 10 of the Act so far as it relates to the placing of the representation before the Advisory Board within three weeks of the date of detention of the petitioner is directory or mandatory is one of general importance we grant the oral prayer of the learned Additional Government Advocate and certify this case as a fit one for appeal to the Supreme Court.
On this companyclusion, by order dated May 11, 1982, the High Court quashed the detention.
1987 of 1982 and special leave was granted on October 7, 1983.
The State of Uttar Pradesh has challenged the judgment of the Allahabad High Court quashing the order of detention made by the District Magistrate of Gorakhpur on August 7, 1981, in exercise of powers Under Section 3 2 of the National Security Act, 1980 Actfor short .
Ranganath Misra, J. This appeal is by special leave.
