DHARMENDRA SINGH Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) This is a petition filed by the petitioner against an order of detention passed by respondent No. 1 and confirmed by respondent No. 2 against one Sardar Singh alias Brijendra Singh who is the brother of the petitioner.

(2.) The Order of detention was passed on 21-12-1982 under section 3(2) of the National Security Act, 1980. The order as well as the grounds of detention were furnished to the detenu in jail at Nagod, District Satna. The grounds of detention are also dated 21-12-1982.

(3.) It is alleged by the petitioner that the detenu was taken in custody under section 151 of the Code of Criminal Procedure on 7-12-1982 by the Police of Police Station, Rampur Beghelas. He was produced before the Sub-Divisional Magistrate, Raghurajgar, Satna on 9-12-1982 where he was called upon to furnish security and as he did not furnish the security, he bas been sent to Nagod Jail., It is, therefore, alleged that on the date on which this order of detention was passed, the detenu was already in custody for about 12 days and the District Magistrate while passing this order of detention did not consider this aspect of the matter as there is nothing in the order to indicate that he even knew that the detenu is now in jail. It, was also alleged in the petition that the grounds alleging activities against the detenu do not indicate that the detenu was in any manner acting prejudicial to maintenance of public order.