LAWS(MPH)-2012-1-149

HARIPRASAD MISHRA Vs. DISTRICT MAGISTRATE

Decided On January 27, 2012
Hariprasad Mishra Appellant
V/S
DISTRICT MAGISTRATE Respondents

JUDGEMENT

(1.) Petitioner is challenging the detention order of his son Rajendra @ Bantu. The detention order was passed on 22.2.2011 under the provisions of the National Security Act, 1980.

(2.) In exercise of powers conferred by S. 3(2) of the Act, the District Magistrate Indore on 22.02.2011 ordered detention of petitioner s son Rajendra @ Bantu to prevent him from acting in any manner prejudicial to the maintenance of public order. Said order along with grounds of detention was duly served upon the detenue. The detention order was approved by the Advisory Board; therefore, State Government passed an order on 25.4.2011 directing detention of Rajendra @ Bantu for a period of twelve months ending on 21.2.2012. Both these orders areunder challenge. The only ground urged in the petition and canvassed before us is that out of 19 criminal cases registered against the detenue, he has been acquitted in sixteen cases, therefore, there is no nexus between the ground and the detention order and as such orders impugned are unsustainable in law and deserve to be quashed.

(3.) A reply has been filed to oppose the petition. Record was also produced. After hearing rival submissions and going through record, we do not find any merit in the submission of counsel for the petitioner.