MAIKAL @ SHAHID Vs. STATE OF M P

JUDGEMENT

(1.) This petition has been filed by the petitioner for quashing the order of detention Annexure P/3 passed by District Magistrate, Gwalior on 27.04.2013 U/s 3(2) of National Security Act 1980, (hereinafter referred to as the Act), whereby the petitioner has been taken into custody and detained and the order passed by the State of M.P. (Annexure P/1) approving the detention order passed by the District Magistrate, Gwalior.

(2.) Factual matrix in brief is that the District Magistrate, Gwalior has passed the order on 27.04.2013 (Annexure P/3) in exercise of powers under Section 3(2) of the National Security Act, 1980 detaining the petitioner for one year. The order passed by the District Magistrate has been approved by the State Government vide order dated 1.07.2013 (Annexure P/1). The order of detention is based on the ground referred to in order Annexure P/3 that the petitioner is engaged in criminal activities including operation of Satta. It is further mentioned that twenty six cases under the Public Gambling Act, five cases under various sections of IPC viz. 323, 324, 504, 506, 327 of IPC, one case under Sections 3, 4, 5 of the Explosives Act, two cases of externment and seven cases under Sections 41(2), 110 of Cr.P.C., Section 4 of the Satta Adhiniyam etc. have been registered against the petitioner. It is further stated that due to the engagement of the petitioner in criminal activities, there is likelihood of breach of peace. Even after taking preventive action against the petitioner, no improvement has been shown in the criminal activities of the petitioner, therefore, there is no alternative, except to take action under Section 3(2) of the National Security Act, 1980 for preventing the criminal activities of the petitioner. The aforesaid order has been passed on the recommendation of the Superintendent of Police, Gwalior and after recording statement of witnesses, petitioner was directed to be detained for one year from the date of order. The petitioner was also informed to make representation against the detention order to the State Secretary (Home Department) Government of Madhya Pradesh vide order dated 1.07.2013 has confirmed the order of detention dated 27.04.2013 by passing the order Annexure P/1 under Section 12 of the National Security Act, 1980. Being aggrieved the petitioner has filed this petition.

(3.) Learned counsel for the petitioner has submitted that the impugned order is arbitrary, illegal and contrary to law. It is further submitted that the petitioner has not been apprised to make representation before the Central Government thus the right of petitioner has adversely been affected. It is further submitted that in most of the criminal cases registered against the petitioner the petitioner has been acquitted. There is no allegation against the petitioner that petitioner is engaged in criminal activities. Hence, the impugned order deserves to be set aside.