CHHENU ALIAS YUNUS Vs. STATE OF M P

JUDGEMENT

(1.) The short question which this petition raises for our decision is whether the order of detention passed against, and served on the petitioner Chhenu alias Yunus is sustainable under section 3(2) of the National Security Act, 1980 (hereinafter called 'the Act'). The answer to this question would naturally depend upon a fair and reasonable construction of the relevant clause of the said section.

(2.) The District Magistrate, Ujjain, passed the detention order on the March 3, 2010, directing that the petitioner should be detained. The order recites that the District Magistrate was satisfied that it was necessary to detain the petitioner with a view to prevent him from acting in a manner prejudicial to the maintenance of public order. This order was served on the petitioner on March 3, 2010. The grounds of detention were served on 4-3-2010. After getting positive report from the Advisory Board, State Government passed the Order dated April 19, 2010 under section 12 of the Act confirming the detention order for a period of twelve months vide Annexure P-6.

(3.) At the outset, it may be stated that there is dispute about the date of arrest of detenu. According to learned counsel for petitioner the detenu was already in jail when he was served with the detention order. On the other hand learned Additional Advocate General appearing for respondents stoutly maintained that detenu was taken into custody on April 16, 2009. No attempt was made either in the reply or during the course of arguments to reconcile conflicting dates of detention. The counter affidavit does not indicate how the case of detenu was dealt with by the Advisory Board, therefore, we directed production of original record for our perusal.