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1992 (3) TMI 353

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....har, Uttar Pradesh, by an order dated July 23, 1991, directed that Jagdish s/o Kanchan Singh (the detenu) resident of Village Dhamera Kirat, District Bulandshahar be detained under the National Security Act, 1980 (the Act). The order was served upon the detenu while in custody in connection with two criminal cases registered against him. The grounds of detention served upon the detenu also stated ....

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....w Delhi. 2. The detenu submitted the representation against his detention through the jail authorities on August 3, 1991. The original records produced by the State Government show that the representation was addressed "To" "The Home Secretary" without indicating whether to the State Government or the Central Government. 3. The representation was rejected by the State Governm....

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....t District Jail Bulandshahar and upon information received from the said office, it is respectfully submitted that the detenu has not made any representation to the Central Government. Mr. R.K. Jain, Learned Senior Advocate assisted by Mr. Udai Lalit has contended that even though, no representation was sent by the detenu to the Central Government, the State Government was under an obligation to ....

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.... detenu was neither addressed to the State Government nor to the Central Government. He only mentioned "Home Secretary" as the addressee without further indicating whether he meant Home Secretary to the State Government or the Central Government. It is not disputed that the detenu gave nine copies of the representation to the Superintendent Jail for onward submission to the authorities. ....