AHESAN Vs. HOME DEPARTMENT

JUDGEMENT

(1.) "Heard.

(2.) Learned counsel for the petitioner has submitted that the petitioner has been detained under the National Security Act, 1980 for a period of more than three months and as per the law laid down by a Division Bench of this Court in the case of Mohaseen Kureshi s/o Nasir Kureshi v. State of Madhya Pradesh & others, decided on 01.09.2014 (Writ Petition No.1158/2014), considering the law laid down by the Apex Court in the case of Cherukuri Mani v. Chief Secretary, Government of Andhra Pradesh, 2014 AIR(SC) 2090, has held that the State Government cannot at one time pass an order of detention for a period of more than three months and since by the impugned order, the petitioner has been ordered to be detained for a period of twelve months at one stroke, set aside the order of detention, which is for twelve months at first instance and allowed the writ petition.

(3.) As per the report of the Superintendent of Police, District Mandsaur, number of criminal cases were registered against the petitioner. He was also convicted under Section 302 of the Indian Penal Code. On earlier occasion, he was arrested under Section 302/34 of the Indian Penal Code at Crime No.489/1996, wherein he completed his sentence and thereafter the petitioner was again involved in Crime No.525/2014 for offence punishable under Sections 436 and 506/34 of the IPC. The District Magistrate, on the basis of the report of the Superintendent of Police, Mandsaur, passed the detention order on 29.062014. He was taken under custody on 29.06.2014 at 09.25 and has been sent to the Central Jail. As per the report/ letter dated 27.06.2014, the petitioner is an anti-social element, who indulges in anti-social activities, gundaism, murder, abusing and threatening to general, disturbing communal harmony, which is detrimental to the peace and harmony of the society, his terror is prominently persistent among the general public of the society. As per the reply, there is a long list of illegal work done by the petitioner since 1994 till date. It is also submitted that Mandsaur city is the city of mixed population i.e. Hindus and Muslims and in this city, this act of the petitioner can create a large communal incidence.