TANZEEL KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Petitioner, the detenu, by this petition under Article 226 of the Constitution of India has invoked the writ jurisdiction of this Court seeking quashment of the order dated 29.9.2012 (Annexure P/3) whereby he has been detained under the provisions of National Security Act, 1980. The aforesaid detention order was passed by the District Magistrate Bhopal. Petitioner has also challenged the order dated 11.12.2012 (Annexure P/4) passed by the Government confirming the order of detention passed by the District Magistrate, Bhopal. The aforesaid detention order has been passed by the District Magistrate on the following grounds:

(2.) The aforesaid order was passed on the representation made by the Superintendent of Police, Bhopal (South) on 29.9.2012. On the same day, the grounds of the order alongwith its particulars were supplied to detenu and he was detained in Central Jail, Bhopal.

(3.) Learned counsel for the petitioner challenged the impugned detention order mainly on the grounds that the grounds on which the detention order was passed pertained merely to the 'law and order' and not to the 'public order'. The activities alleged against the detenu did not indicate that they affected the public at large. The grounds, which pertained to the criminal offences registered against the petitioner from the year 2003 to the year 2010, pertained to the law and order problem and further that they were stale and could not have been made grounds for detaining the petitioner in the year 2012.