SANJU Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Article 226/227 of the Constitution of India assails the order of the State Government contained in Annexure P/1 dated 5.9.2014 passed u/S. 3 (2) r/2 Sec. 12(1) of The National Security Act, 1980 ("Act of 1980" for brevity) where the petitioner has been subjected to preventive detention for a period of 12 months i.e. till 15th July, 2015.

(2.) Learned counsel for the rival parties are heard on the question of admission.

(3.) Learned counsel for the petitioner inter alia submits that the impugned order of preventive detention is bad in the eyes of law as much as the same having been passed in absence of any cogent material that the petitioner has acted prejudicial to the maintenance of public order. It is further submitted that the order passed by the State Government is bereft of jurisdiction in as much as the State having no power to confirm the order of preventive detention passed by the District Magistrate, for a period exceeding three months at one point of time as is provided in proviso to Sec. 3(3) of the Act of 1980.