ABDUL MAZID Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) This is a petition filed by the petitioner under Article 226 of the Constitution alleging that the petitioner is the father of respondent No. 3 who has been detained under order of District Magistrate, Dewas, dated 3-11-1982 under section 3(2) of National Security Act, 1980.

(2.) The petitioner has challenged this order of detention on the ground that the grounds of detention which were furnished to the respondent No. 3 on the same day i.e. 3-11-1982 pertain to private quarrels which may be problems of law and order but could not be said to be acts prejudicial to maintenance of public order and, therefore, the order is contrary to law. It was also contended that even if some of the grounds are such which embarrass the problems of maintenance of public order still as the learned District Magistrate was satisfied in the light of all the grounds which have been mentioned it is not possible to find out what grounds impressed the District Magistrate more and, therefore, also the order of detention is not justified in law.

(3.) Learned counsel for the petitioner, by reference to the list of incidents which have been enumerated along with the grounds, it was contended that items 1, 2 and 3 do not pertain to maintenance of public order at all as it only refers to some private disputes. It was further contended that similarly, there are other incidents mentioned which also refer to only private incidents.