LAXMAN SINGH Vs. RUPA JI PARIHAR

JUDGEMENT

(1.) The petitioner before this Court has filed this present petition being aggrieved by order dated 07.05.2020 (Annexure P/1) passed by the District Magistrate, District Dewas (MP) in exercise of powers conferred under the provisions of National Security Act , 1980.

(2.) The petitioner's contention is that on the date the detention order was passed, the petitioner was already in judicial custody in connection with Crime No.139/2020 and Crime No.33/2020 registered at Police Station, Bagli, District Dewas (MP) and the Detaining Authority, at the time of passing of the detention order, was not aware of the fact that the detenu is in jail. It has been stated that the order passed by the District Magistrate is contrary to the law laid down by the Supreme Court from time to time. The petitioner has stated that the petitioner is engaged in various social activities. He is holding the post of State Joint Secretary in Manav Utthan Samiti, which is an all India registered voluntary non-profit social welfare and charitable organization. The petitioner has further stated that there is a land dispute in the village where the petitioner is residing and there are claims and counterclaims in respect of title of the land. It has been stated that one Khuman Singh s/o Govind was claiming title over the land belonging to Temple of Lord Shri Ram, situated at village Sabliyapur, Tahsil Bagli, District Dewas (MP). The Police has registered three First Information Reports against the present petitioner and based upon the FIRs, which are for commission of offence punishable under Sections 294 , 323 and 506 of the Indian Penal Code, 1860, an order under the provisions of National Security Act , 1980 has been slapped upon the petitioner. It has also been stated that the petitioner is in judicial custody since 04.05.2020 and the factum of his judicial custody has not been taken into account by the District Magistrate. It has also been argued that based upon cases of minor / trivial nature, an order of NSA has been slapped upon the petitioner.

(3.) The petitioner has placed reliance upon the following judgments: -