HAJI ABDUL RAJJAK Vs. STATE OF M P

JUDGEMENT

(1.) In this writ petition, the petitioner has challenged the validity of the order dated 17-3-2012 passed by the District Magistrate by which petitioner has been detained under Section 3 (2) of the National Security Act, 1980 (for short 'the Act').

(2.) As per the case set forth by the respondents in the return, the Superintendent of Police, vide memorandum, dated 14-3-2012 informed the District Magistrate, Jabalpur about the criminal activities and involvement of the petitioner in several criminal cases since 1991, which are prejudicial to the public order. The District Magistrate by the aforesaid memorandum was informed that the petitioner is a habitual offender and has formed a gang, which is in possession of dangerous weapons and explosives.

(3.) It has further been stated in the return that in the criminal cases, where the petitioner was acquitted, it can easily be seen that witnesses turned hostile in the Court of Law as no witness dared to depose anything against the petitioner and the petitioner got acquitted even in the case in which offences were committed by him in broad day light and at public place and in full public view. In the return, it has further been averred that the petitioner has formed a gang and the police has prepared the record of the criminal activities in which the gang formed by the petitioner is involved. The aforesaid, confidential report of the Police Department was also placed before the District Magistrate. It has further been averred that though the son of the petitioner, against whom warrant of arrest was issued on 16-8-2007 in compliance of the order passed under Section 3(2) of the National Security, Act, could not be executed as he was under the unlawful protection of the petitioner. As soon as the petitioner was arrested, his son was also arrested by the Police within a period of three days.