MAHINDER SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) MAHINDER Singh son of Prem Singh Patwa has been detained by District Magistrate, East Nimar (Khandwa) by order dated March 23, 2001 under Sub-section (2) of Section 3 of the National Security Act, 1980 (for short - the Act of 1980 ). He has challenged this order through this writ petition raising the grievance that the respondents have not passed the order in accordance with Jaw, matter has not been processed as required under the Act of 1980 and the grounds of detention are not germane for the passing of the order. These allegations have been seriously contested by Shri S. K. Seth, learned Additional Advocate General for State. Record of case has been produced in support of the submissions that detention is perfectly justified in the facts and circumstances of the case. The petitioner was afforded due opportunity to make representation and grounds of detention justify taking of action, confirmation thereof by the competent authority.

(2.) ORDER of detention is dated March 23, 2001 (Annexure R/6-A ). Grounds of detention are dated March 29, 2001 (Annexure P-1 ). Petitioner was detained on March 29, 2001. Grounds of detention were served on the petitioner on the same day (Annexure R/6-B ). The State Government was informed about the detention order on March 23, 2001 (Annexure R-2 ). Thereafter, State Government accorded initial approval on April 3, 2001 (Annexure R-10), followed by information to Central Government on April 4, 2001 (Annexures R-11 and R-12 ). The case was referred to Advisory Board on April 10, 2001 (Annexure R-13) which approved the action by report dated May 15, 2001. The petitioner addressed representation to Secretary, Department of Home on April 16, 2001. It was forwarded to the Secretary of the Board on April 19, 2001 (Annexure R-14 ). Representation of Prem Singh Patwa, father of detenu, to District Magistrate is dated May 15, 2001 when the Advisory Board considered the matter. After receipt of the report from the Advisory Board, the State Government confirmed the detention order on May 23, 2001 (Annexure P-5 ). From narration of the relevant dates, it is clear that the matter has been processed within periods specified by Sub-sections (4) and (5) of Section 3, Sections 8, 10 and 11 of the Act of 1980.

(3.) SHRI H. S. Ruprah, learned counsel for petitioner submitted that the order of detention is liable to be set aside since it can not survive for period exceeding three months at a time under Proviso to Sub-section (3) of Section 3 of the Act of 1980. We are not impressed by this submission for the reason that this Proviso prescribes the period during which District Magistrate or Commissioner can exercise the power delegated to them by the State Government under Sub-section (2) of Section 3 of the Act of 1980. In this case, order of delegation is dated December 29, 2000, published in Gazette on the same date, giving authority to District Magistrate to pass order from 1-1-2001 to 31-3-2001. The detention order in this case has been passed on March 23, 2001 by District Magistrate, East Nimar (Khandwa), therefore, the objection is unsustainable.