ABDUL RASHEED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS Criminal Writ Petition is filed by the petitioner against whom an order of detention is passed by the District Magistrate, jalna, on 22nd of March. 1989. The said order is confirmed thereafter by the State of Maharashtra on 5th May, 1989.

(2.) SHRI Asif Ali appearing for the petitioner challenged the order of detention on several grounds. He contended that the order is passed with mala fide intention. The grounds are absolutely vague and relate at the most to the problem of law and order and cannot be said to affect public order. His further contention is that in the grounds supplied to the petitioner several cases are mentioned. In number of cases the petitioner is acquitted or convicted but neither the acquittals nor the convictions are considered by the detaining authority while forming the subjective satisfaction in this respect.

(3.) HE emphatically argued that the order of detention passed on 22nd of March, 1989 is passed with a view to detain the petitioner inspite of his detention set aside by the competent court under Section 151 (3) of criminal Procedure Code on 21st of March, 1989. His further allegation is that though the order of detention is passed by the District Magistrate one Mr. Surve, the affidavit-in-reply is filed not by the same District magistrate but by another District Magistrate Mr. Anand B. Kulkarni who is now, in Charge of the district. The subjective satisfaction which is required to be explained in the affidavit is the subjective satisfaction of the detaining authority and the affidavit is not filed by the person whose satisfaction was the subject-matter of this writ petition. The subjective satisfaction. Therefore, cannot be considered on the basis of the affidavit filed by the present District Magistrate who was not the detaining authority in the case of the petitioner.