ABDUL RAZZAK Vs. STATE OF M P

JUDGEMENT

(1.) The District Magistrate, Jabalpur vide his order dated 11/2/1991 (Annexure-C) passed under sub-section (2) read with-sub-section (3) of section 3 of the National Security Act. 1980 directed that Mehmood alias Paggal. son. of Mohd. Razzak. aged 29 years, resident of Benisingh Ki Talaiya, Police Station Gohalpur, Jabalpur be detained under the said provision with a view to preventing him from acting in any manner prejudicial to the maintenance of public order. Thereafter, in due course, on the basis of the report of the Advisory Board, the detention order was confirmed by the State Government under sub-section (1) of section 12 of the Act vide its order dated 3/4/1991 (Annexure-G) and it was specified in the said order that the detention of the said detenu would continue for a period of twelve months from the date of his detention i.e. until 10/2/1992. It is the detention of detenu Mehmood alias Paggal in the manner stated above which is challenged by his father Mohd. Razzak in this petition filed by him for the issue of a writ in the nature of Habeas Corpus.

(2.) As we are of the opinion that the petition in question filed on behalf of the detenu deserves to be allowed on a short ground, we do not think it necessary to examine other grounds on the basis of which the impugned order of detention has been challenged.

(3.) In order to appreciate the above said short ground, it is necessary to set out the provisions of section 3 of the National Security Act is so far as they are material for our present purpose. The said provisions read as follows: Power to make orders detaining certain persons