MOHASEEN KURESHI Vs. STATE OF M P

JUDGEMENT

(1.) By filing this petition under Article 226 of the Constitution of India, the petitioner has challenged his detention order dated 20-9-2013 (Annexure P-1) passed by District Magistrate, Indore in exercise of his powers under Section 3(2) of the National Security Act, 1980 (for short "the Act") as also the order dated 14-11-2013 (Annexure P-2) passed by the State Government under Section 12(1) of the Act by which the order of detention passed by the District Magistrate, Indore has been affirmed. At the outset, it has been argued by the learned Counsel for the petitioner that the State Government has passed the impugned order of detention for a period of 12 months at one stroke; being in violation of the spirit of proviso to Section 3(3) of the Act and is also contrary to the law laid down by the Supreme Court in the case of Cherukuri Mani vs. Chief Secretary, Government of Andhra Pradesh, 2014 CrLJ 2748, the same is liable to be quashed on this ground alone.

(2.) On the other hand, learned Deputy Government Advocate appearing for the respondent/State has argued that the judgment of the Supreme Court is distinguishable on facts, and as such, the same cannot be applied to the facts of the present case.

(3.) Having considered the submissions made by the learned Counsel for the parties and having gone through the judgment of the Supreme Court in the case of Cherukuri Mani , and also through the provisions of the Act and the Andhra Pradesh Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act (for short "the A.P. Act"), we find that the relevant provisions contained in A.P. Act are exactly the same as contained in Section 3(3) and proviso of the Act.