BHURU KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution of India, the petitioner has challenged the order dated 25.04.2012 (Annexure P/2) passed by District Magistrate, Ratlam detaining him under Section 3(2) of the National Security Act, 1980.

(2.) THE petitioner's case in brief is that the impugned order passed by the District Magistrate affirmed by the State Government has been passed contrary to the facts and against law. The order is in violation of principles of natural justice and also in violation of the procedural requirement. The same is unsustainable in view of the fact that the cases referred to in the order are false and some of the cases are still pending and it cannot be made basis for passing of the order of detention.

(3.) IN the case of Usman son of Gani Khan v. State of M.P. and others (supra) the Division Bench of this Court has observed thus :-