State of Uttar Pradesh Vs. Ranbir Singh
EmailAppeal: Review Petition No. 140 of 1988.
(In W.P. (Crl.) No. 681/67)
(In W.P. (Crl.) No. 681/67)
Petitioner: State of Uttar Pradesh
Respondent: Ranbir Singh
Apeal: Review Petition No. 140 of 1988.
(In W.P. (Crl.) No. 681/67)
(In W.P. (Crl.) No. 681/67)
Judges: A.P.SEN & L.M. SHARMA,JJ.
Date of Judgment: May 03, 1988
Head Note:
PREVENTIVE DETENTION
National Security Act, 1980:
Sections 3(3), 3(4) and 12(1) – Constitution of India, 1950; Art. 22(4) – Confirmation of detention order by the Govt. within the stipulated period of 15 days -Error in the Court’s judgment. Order of the Court dated 17-12-1987 quashing the order of deten-tion recalled – Writ petition to be heard afresh.
JUDGEMENT:
O R D E R
1. This is an application for review on the ground that there is an error apparent on the face of the record. Due to inadvertence an obvious error has crept in. We had by order dated 17.12.1987 quashed the impugned order of detention of the respondent passed by the District Magistrate, Meerut on 11.9.1987 under s.3(3) of the National Security Act, 1980 on the ground that there was a failure on the part of the State Government to confirm the same within a period of 15 days as enjoined by the proviso to s.3(4) of the Act and therefore the impugned order of detentionhad already lapsed. This was obviously wrong. It has now been brought to our notice that the order of detention was passed by the District Magistrate on 11.9.1987 and was approved by the State Government on 16.9.1987, well within the period provided therefor i.e. within 15 days as envisaged under the proviso to s.3 (4) of the Act. The question of confirmation comes in at a much subsequent stage after the Advisory Board makes a recommendation that there is ground sufficient for the detention of the detenu. The case of the detenu was heard by the Advisory Board on 17.10.1987 and on the recommendation of the Advisory Board the detention order passed on 11.9.1987 was confirmed by the State Hovernment on 21.10.1987, as required by s.12(1) of the Act read with Art.22 (4) of the Constitution. There was thus no infirmity attached to the order and it could not be quashed on the ground that there was no approval within the period of 15 days as provided for under the proviso to s.3(4) of the Act.
2. Accordingly, we recall our order dated 17.12.1987 and direct that the Writ Petition be fixed for hearing afresh. The case be listed on 10.5.1988.
1. This is an application for review on the ground that there is an error apparent on the face of the record. Due to inadvertence an obvious error has crept in. We had by order dated 17.12.1987 quashed the impugned order of detention of the respondent passed by the District Magistrate, Meerut on 11.9.1987 under s.3(3) of the National Security Act, 1980 on the ground that there was a failure on the part of the State Government to confirm the same within a period of 15 days as enjoined by the proviso to s.3(4) of the Act and therefore the impugned order of detentionhad already lapsed. This was obviously wrong. It has now been brought to our notice that the order of detention was passed by the District Magistrate on 11.9.1987 and was approved by the State Government on 16.9.1987, well within the period provided therefor i.e. within 15 days as envisaged under the proviso to s.3 (4) of the Act. The question of confirmation comes in at a much subsequent stage after the Advisory Board makes a recommendation that there is ground sufficient for the detention of the detenu. The case of the detenu was heard by the Advisory Board on 17.10.1987 and on the recommendation of the Advisory Board the detention order passed on 11.9.1987 was confirmed by the State Hovernment on 21.10.1987, as required by s.12(1) of the Act read with Art.22 (4) of the Constitution. There was thus no infirmity attached to the order and it could not be quashed on the ground that there was no approval within the period of 15 days as provided for under the proviso to s.3(4) of the Act.
2. Accordingly, we recall our order dated 17.12.1987 and direct that the Writ Petition be fixed for hearing afresh. The case be listed on 10.5.1988.
