KASHMIR JAT Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BY moving this writ petition under Article 226 of the Constitution of India, a challenge has been made to the order dated 5th April, 2012 passed by the Deputy Secretary, Home Department to the State of M.P. Bhopal under Section 12 (1) of the National Security Act 1980 where under the order passed by the District Magistrate, Guna has been made absolute with extension of period of detention as mentioned in the order itself.

(2.) THE facts leading to the case may be summed up as under: The Superintendent of Police Guna by his letter dated 8th February 2012 addressing to the District Magistrate, Guna informed that petitioner Kashmir Jat, son of Lalaram Jat, aged 42 years, resident of village Richora, P.S. Cant Guna had a chequered history since last 1991 and he was involved in several criminal activities. He was absconded for a considerable period and thereafter was arrested and is confined to jail. The activities of the petitioner adversely affect the community of the society at large. Despite several preventive measurements under law, the activities of the petitioner could not be controlled Therefore, it was proposed to pass the preventive detention order under Section3(2) of the Act against the petitioner. As per list annexed with the report by the S.P., the criminal history about nineteen cases has been shown against the accused-petitioner. In this view of the matter, the prayer made by the police was allowed and the detention order was passed by the District Magistrate, Guna.

(3.) PER contra, learned Dy. Advocate General appearing on behalf of the respondents/ State by submitting reply contended that the detention order passed by the District Magistrate Guna is in accordance with law, which was passed on the basis of the material made available to the detaining authority by the Superintendent of Police-Guna. It is further submitted that the petitioner was involved in several criminal activities including the offence of heinous crime like murder, dacoity etc. Several criminal cases are pending or decided by the criminal courts. By criminal activities, the petitioner terrified the vicinity vis-a-vis public at large. No one dared to come forward to prevent/check the criminal acts of the petitioner. The District Magistrate after recording the evidence and on perusal of the criminal antecedents of the petitioner passed the appropriate order of his detention under the National Securities Act, 1980. The copies of the evidence recorded by the District Magistrate along with copies of all documents filed by the Superintendent of Police and the order of detention were served upon the petitioner in jail because he was detained in custody in relating to some other offences prior to passing of such an order. Consequently, he submitted the representation in this context to the Advisory Board. The Advisory Board after perusing the evidence and affording an opportunity of hearing to the petitioner issued the action report and placed the matter before the State Government. The Deputy Secretary Home Department of State by passing the confirmation order dated 5th April, 2012 upheld the order dated 16th February, 2012 passed by the District Magistrate with further extension of detention period of the accused upto 16th February, 2013. Therefore, it is requested that the order dated 16th February, 2012 passed by District Magistrate, Guna as well as the order dated 5th April, 2012 passed by the Deputy Secretary Home Department of the State be maintained and the petition may be dismissed in view of the aforesaid facts and circumstances.