SHEEBA MALIK Vs. UNION OF INDIA

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, the petitioner prays for quashment of order dated 9th December, 2009 (Annexure P/4), passed by respondent No. 2/State of M.P. and to quash the order dated 30-9-2009, passed by respondent No. 3/District Magistrate, Bhopal and to revoke the detention order of petitioner's husband Mukhtar Malik-detenu.

(2.) The facts as borne out from the petition as well as from the return submitted by the respondents, in brief, are that the petitioner's husband Mukhtar Malik son of Annu Malik has been detained by virtue of the order dated 30-9-2009, passed by respondent No. 2/District Magistrate, Bhopal in exercise of powers conferred by sub-section (2) of section 3 of the National Security Act (hereinafter referred to as the 'Act' for short). This order was confirmed by order Annexure P/4 passed by respondent No. 2/State Government as per provision of under section 12(1) of the Act.

(3.) The detention of the detenu Mukhtar Malik is based on the grounds referred to in Annexure P/3 which are as follows :