MALKHAN SINGH ALIASTHAKURALIAS Vs. DISTRICT MAGISTRATE FATEHPUR

JUDGEMENT

(1.) K. K. Misra, J. Heard Mr. J. S. Sengar, learned Counsel for the petitioner and Mr. A. K. Tripathi, appearing for the State.

(2.) THE petitioner Malkhan Singh Thakur has filed this habeas corpus petition for being set at liberty and quashing of the order of detention dated 27-2-2001 annexed as Annexure-1 to the writ petition passed under Section 3 (2) of the National Security Act, 1980 (in short the Act) by the District Magistrate, Fatehpur.

(3.) FROM a catena of decision of this Court it is clear that even when a person is in custody a detention order can validly be passed, if the authority passing the order is aware of the fact that he is actually in custody, if he has reason to believe on the basis of reliable material that there is possibility of him being released on bail and on being so released the detenu in all probability will indulge in prejudicial activity disturbing public order if the authority passes an order after recording his satisfaction, the same cannot be struck down. But the facts of the present case are quite different from the above case. The detenu was involved in case Crime No. 138 of 2001 under Section 396 I. P. C. , P. S. Khaga, District Fatehpur. In such type of cases in which the detenu was involved no subordinate Court ordinarily grants bail. The satisfaction of the detaining authority arrived at in the detention order is quite baseless which goes to show that he has not properly applied his mind while passing the detention order.