SANJAY YADAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This writ petition is at the instance of the Petitioner No. 1 - detenu and the Petitioner No. 2 - his father, challenging the order dated 17-2-2010 passed by the District Magistrate, Badwani in N.S.A. Case No. 1/2010 directing the detention of the Petitioner No. 1 under Section 3 (2) of the. National Security Act, 1980 ("Act" hereafter) as confirmed by the order of the State Government dated 15-4-2010 under Section 12(1) of the Act directing that the Petitioner No. 1 will be kept in detention for a period of 12 months till 21-2-2011.

(2.) The brief facts are that the Petitioner No. 1 is a resident of Sendhwa. The impugned detention order dated 17-2-2010 was passed against him under Section 3 (2) of the Act and he was taken in detention on 22-2-2010. He was served with the detention order and grounds of detention along with the documents on 22-2-2010. The case was sent for approval of the Government on 17-2-2010 and the State Government granted approval on 26-2-2010 and the information was sent to the Central Government on 2-3-2010. The case was sent to the Advisory Board on 3-3-2010 and the Advisory Board gave its opinion and thereafter the order confirming the detention order was passed on 15-4-2010. Aggrieved with the detention order, the Petitioners have approached this Court.

(3.) Learned Counsel for the Petitioners submitted that the Respondents have relied upon the stale material for the purpose of the detention of the Petitioner No. 1. He further submitted that the Petitioner No. 1 is already in jail and the detention order has been passed without application of mind and that there is no material to indicate that the Petitioner No. 1 is indulging in any activity from inside the jail to disturb public order.