RASHIDA BEGUM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Articles 226 and 227 of Constitution of India, has been filed by the mother of the detenu Mohd. Abid, challenging his detention under the National Security Act, 1980 (hereinafter referred to as 'Act' for short).

(2.) The facts as laid out in the present petition in brief are, that the detenu Mohd. Abid is a tailor by profession and is not a habitual criminal. He has been involved in false cases. A petty criminal case in the year 1995, was registered against him, by Police Moghat Road, Khandwa, for offences under Sections 341, 294 and 506 of the Indian Penal Code. The detenu was acquitted in the said trial. The order of detention dated 18-5-1999 (Annexure P/1) was issued by District Magistrate, East Nimar, Khandwa under sub-section (2) of Section 3 of the 'Act'.

(3.) The District Magistrate in compliance of Sec. 8 of the 'Act' intimated the detenu of the grounds of his detention as per Annex. P/4. In para 2 of annex. P/4 it has been stated that the detenu had been indulging in criminal acts and unsocial activities since the year 1995, and despite action having been taken under the Criminal law, he did not show any improvement in his criminal tendency. By his deeds, he has been disturbing law and order as well as public order of the town of Khandwa since 1995. The matters in which the detenu was involved have been enumerated in para 3 which are as below :-