DHANWAN Vs. STATE OF M P

JUDGEMENT

(1.) By means of this petition preferred under Article 226/227 of the Constitution of India, the petitioner who is none else but the detenu, has impugned the order dated 20th September, 2013 marked as Annexure-P/2, passed by the Under Secretary Govt. of M.P., Home Department, Bhopal under Section 12 (1) of the National Security Act 1980 by confirming the order dated 1st August, 2013 (Annexure-P/1) passed by the District Magistrate Guna for keeping the petitioner in detention for a period of one year from the date the petitioner is taken into custody, i.e. till 1/8/14.

(2.) The facts leading to the case may be summed up as under:

(3.) In this petition before us, learned counsel for the petitioner urged that while submitting report to the District Magistrate, no such material was placed to establish the grounds for passing a detention order against the petitioner. It is further submitted by the counsel that only list of the crimes was attached with the report on the basis of which such an order was passed. It is pointed out by the counsel that out of eleven cases registered against the petitioner in 6-7 matters he has been acquitted by the court competent and the remaining cases are not of such nature which would involve the petitioner either directly or indirectly in any of the criminal activities against the Nation or Public at large. Apart that at the time of passing the order complete record was not made available. Therefore, it shows that the order of confirmation was passed by the authority without application of mind. Hence, on the aforesaid premised submissions, it is prayed that by accepting the petition an appropriate writ/order/directions be issued to quash both the orders assailed herein being passed against settled principles of law and the authorities concerned be directed to release the petitioner forthwith from the detention.