KRIPAL Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS writ petition is preferred by the petitioner under Articles 226, 227 of the Constitution of India whereby challenges have been made to the order dated 28.10.2013 passed by the District Magistrate, Guna in Case No. 29/N.S.A./Steno/2013/353; whereby the petitioner has been ordered to be detained under Section 3 of the National Security Act, 1980 and to be kept at Central Jail, Gwalior on the basis of the report submitted by the Superintendent of Police, Guna apprehending that the petitioner will be disturbing the public tranquility. This order was further confirmed by the Government of Madhya Pradesh, Department of Home vide its order dated 2nd January, 2014 to detain the petitioner for a period of 12 months.

(2.) BRIEF facts just necessary for disposal of this petition is that the Superintendent of Police, Guna submitted a report before the District Magistrate, Guna on 25.10.2013 stating that the petitioner has been indulging in different offences such as murder, attempt to murder, use of criminal force, rioting, theft, dacoity and preparation to commit dacoity and also keeping illegal arms etc., because of the actions of the petitioner the villagers and the nearby people are very much afraid of him. Witnesses on account of fear did not give evidence against him. There is every possibility of any incident. The law abiding people are afraid to lodge any report against the petitioner. The petitioner's unlawful activities is continuing. It is becoming very difficult to restrain the petitioner from committing such offences, therefore, preventing measure is very much necessary to maintain law and order.

(3.) ON the basis of this report, the District Magistrate, Guna registered a case under the National Security Act and passed the impugned order under Section 3 of the National Security Act, 1980.