KALLA @ SURENDRA JAT Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Present petition is under Article 226 of Constitution of India in the nature of certiorari taking exception to the order dated 08- 02-2021 passed by the District Magistrate, Guna (Annexure P1) whereby provision of Section 3(3) of the National Security Act, 1980 (hereinafter referred to as 'the Act') has been invoked and petitioner has been directed to be detained for 3 months at Central Jail, Gwalior. Petitioner is absconding and therefore, petition is at pre execution stage.

(2.) Precisely stated facts of the case are that petitioner is resident of District Guna and is living within the territorial jurisdiction of this Court. It appears from the pleadings that for last almost 20 years petitioner faced different criminal casescharge-sheeted for alleged commission of different offences, particulars of which are placed with the petition and on the basis of those cases as well as apprehension of the authorities that petitioner may commit breach of public order, proceedings were initiated under the Act against the petitioner which culminated into passing of impugned order dated 08-02-2021 by the District Magistrate, District Guna.

(3.) From the pleadings, it appears that on 19-01-2021, Station House Officer, Police Station Kotwali District Guna (respondent No.4 herein) recommended to Superintendent of Police, Guna (respondent No.3) to invoke the provisions of Section 3(3) of the Act since the petitioner is having criminal history of around 20 cases and is a threat to Public Order. On such recommendation, respondent No.3 initiated the proceedings against the petitioner under the provisions of the Act and list of 20 cases was catalogued along with recommendation about his conduct to breach public order and referred to the District Magistrate, Guna on 19-01-2021 itself. District Magistrate, Guna (respondent No.2 herein) after considering the fact situation, recommendations and thereafter the statement of prosecution witness (Station House Officer of Police Station Kotwali, Guna) passed the impugned order of detention in exercise of power under Section 3(3) of the Act. Being crestfallen by the said order of detention, petitioner has preferred this petition.