SALIM KHAN Vs. STATE OF M P

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India the petitioner, who has been detained under Section 3 (2) of National Security Act, 1980 (for short the Act) on the basis of an order dated' 15-1-10 (Annexure P-3) passed by the second respondent/District Magistrate," Dewas, which has been confirmed by the State Government vide order dated 27-3-2006, has prayed for quashment of the said order and for his release from the custody.

(2.) The petitioner claims that he is an Income Tax payee and he is doing business of wholesale grain merchant. The District Magistrate, Dewas passed a detention order dated 15-1-10 and the petitioner has been detained in Bherugarh Jail, Ujjain. The detention order was passed observing that the District Magistrate was satisfied that it was necessary to detain the petitioner with a view to prevent him from acting in any manner prejudicial to the maintenance of public order. The order with the ground for detention was served upon the petitioner on 15-1- 2010. After approval of the Advisory Board the State Government passed the order dated 27-3-2010 in exercise of its powers under Section 12 of the Act, confirming the detention order dated 15-1 - 2010 for a period of 12 months.

(3.) Though various grounds have been raised by the petitioner to challenge the order of his detention, but main contention of learned Counsel for the petitioner is that, the petitioner had made various representations, but the said representations have not been considered by the respondents and as such there is denial of the constitutional safeguard conferred upon the petitioner under Article 22 (5) of the Constitution of India as also the mandatory requirement of Section 8 (1) of the Act.