LAWS(MPH)-2003-12-16

SHISHUPAL SINGH Vs. DISTRICT MAGISTRATE

Decided On December 10, 2003
SHISHUPAL SINGH Appellant
V/S
DISTRICT MAGISTRATE Respondents

JUDGEMENT

(1.) INVOKING extra-ordinary jurisdiction of this Court under Article 226 of the Constitution of India, petitioner Shishupal Thakur, the brother of detenue Nekpal Singh has filed this petition for quashment of the order of detention dated 24-11-2003 passed by Distt. Magistrate, Damoh in exercise of the powers conferred by Sub-section (2) of Section 3 of the National Security Act, 1980 (hereinafter referred to as the 'act' ).

(2.) IT is alleged by the petitioner that his brother Nekpal Singh was arrested by police on 24-11-2003 in compliance of the aforesaid order of the District Magistrate and has been detained at Central Jail, Jabalpur. It is also alleged that the police forwarded the list of the cases pending against the brother of the petitioner in different Courts, to the District Magistrate, Damoh, who on the basis of those cases, without application of mind ordered detention of Nekpal Singh.

(3.) LEARNED Counsel for the State has denied the allegations made in the petition and submitted that on being satisfied that with a view to prevent the detenue from acting in any manner prejudicial to the maintenance of public order, the District Magistrate found it necessary to detain him under the said provision.