BRIJ DUBEY Vs. STATE OF M P

JUDGEMENT

(1.) The petitioners have filed this petition against the order of detention dated 13-10-2009. By the aforesaid order the District Magistrate ordered that in order to maintenance of public peace, the detention of the petitioners is necessary, hence, the District Magistrate ordered detention of the petitioners under section 3(2) of the National Security Act, 1980. The appropriate Government affirmed the order of the detention vide order dated 24-10-2009.

(2.) Initially the petitioners filed the petition against the order of detention and subsequently the petitioners amended the petition and also challenged the order of approval dated 24-10-2009. It is an admitted fact that the petitioners have filed this petition challenging the orders of detention and approval at pre-execution stage, meaning thereby the petitioners have filed this petition when they were not in detention.

(3.) It is submitted by the petitioners that they had been running a unit in the name of M/s Hind Dairy and Food Products, which is partnership firm. The petitioners' firm had been producing Ghee in the name of Gwala Shri and Shri Anmol Pure Desi Ghee.