TEHSILDAR SINGH Vs. STATE OF M P

JUDGEMENT

(1.) Heard. Petitioner has filed this writ petition challenging the order of detention, Annexure P-1 dated 22nd April 2009.

(2.) The Superintendent of Police submitted a memorandum dated 2-4-2009 to the District Magistrate, Morena for detention of the petitioner under the provisions of National Security Act, 1980(hereinafter called as the 'Act of 1980'). It has been mentioned by the Superintendent of Police in the memorandum that the petitioner was a notorious criminal and he had been involved in number of criminal offences. Due to the criminal activities of the petitioner, the persons were not willing to come forward to record their evidence in criminal cases and due to the activities of the petitioner, the peace of the area was in danger. The Superintendent of Police has mentioned details of nine criminal cases registered against the petitioner under different Sections of the Indian Penal Code which are as under :- <FRM>JUDGEMENT_1080_ILR(MP)_2010Html1.htm</FRM>

(3.) The District Magistrate as per the memorandum of the Superintendent of Police has recorded the statements of the residents of localities and also perused the record and passed an order of detention under Section 3 of the Act of 1980 of the petitioner. The learned Magistrate mentioned nine grounds for detaining the petitioner under the provisions of the Act of 1980. The grounds are based on the basis of registration of criminal cases against the petitioner. The matter was referred to the Advisory Board and the Board also recommended the detention of the petitioner under the Act of 1980, and consequently, the State Government vide order dated 18th May, 2009 affirmed the detention order of the petitioner, passed by the District Magistrate.