SAYEED ALIAS ASLAM Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioner (detenu) has challenged his detention order under the provisions of National Security Act, passed by the District Magistrate, Ujjain on 9-9-2002 (Annexure A) and also confirmed by the State Government. The grounds supplied to the detenu are Annexure B.

(2.) WE have heard Shri A. S. Garg, learned Sr. Counsel assisted by Shri G. S. Yadav for the petitioner and Shri G. Desai, learned Deputy Advocate General, appearing for the respondent perused the entire record.

(3.) LEARNED Counsel for the petitioner has vehemently argued that the grounds of detention are clearly indicative of the fact that the detaining authority has not effectively applied its mind while passing the detention order. According to ground No. 3, the incident of the year 1996 for the offences under Sections 323, 325, 341 and 506, IPC has been considered whereas this case was already decided on 30-11-98. Again, in ground No. 4, the offence was registered by the police in the year 1998 under Sections 147, 148, 149 and 323, IPC and the same has also been decided on 6-9-2000. But, in both these grounds, it is mentioned that the cases are pending before the Courts. Learned Counsel has also submitted that the copy of the First Information Report of the incident dated 7-9-2002 relating to ground No. 1 has been supplied to him and this is the main ground for detention of the petitioner (detenu ). According to this ground, on 7-9-2002, in the noon at 1. 00 P. M. the detenu had assaulted the complainant Satish s/o Chandarsingh r/o Khedi Mohalla, Tarana and because of his act, the businessmen and other persons who were present in the market were terrorized and on the objection being raised by law-abiding people, the detenu uttered as under :-