BANTI Vs. AVAR SACHIV

JUDGEMENT

(1.) WITH the consent of the parties, the matter is heard finally. In the instant case the petitioner has questioned the validity of the order of the District Magistrate, Jabalpur, dated 4,8,2010 detaining the petitioner under section 3(2) of the National Security Act, 1980. (hereinafter referred to as 'the Act').

(2.) FACTS leading to filing of the writ petition, briefly stated, are that the petitioner, because of his involvement in several criminal cases and his activities being prejudicial to the public order, is detained under section 3(2) of the Act. The prejudicial activities are stated in detail in the grounds of detention, a copy whereof is enclosed as annexure P/6.

(3.) LEARNED counsel for the petitioner vehemently contended that on account of involvement of the petitioner in criminal cases, he cannot be detained under the provisions of the Act and the alleged activities of the petitioner have no impact on public order. It was further submitted that the allegations which have been levelled against the petitioner are vague in nature and at the most it would come within the realm of law and order. In support of his submissions learned counsel for the petitioner has placed reliance on a Division Bench decision of this Court in Shishupal Singh Vs. The District Magistrate, Damoh, 2004(2) A.N.J. 119.