AZMAD KHAN Vs. DISTRICT MAGISTRATE RAIPUR

JUDGEMENT

(1.) The detenu Anwar alias Annu son of Afzal Ahmad resident of Moudhapara, Police Station City Kotwali, Raipur, tahsil and district Raipur has been detained under S.3(2) of the National Security Act, 1980 in the Central Jail, Raipur by the order of Shri Ranbirsingh, District Magistrate, Raipur, respondent 1 vide, Order No.O/D.M./1984, dt/- 31st Mar., 1984, which is annexed to this petition as Annexure-A.

(2.) . This petition under Arts.226 and 227 of the Constitution has been filed by one Azmad Khan s/o Ahmad Khan, resident of Phootatal, Jablapur who, according to the averments in the petition, is the uncle of the detenu. He prays for issuance of a writ of habeas corpus quashing the order of confirmation of detention passed by the respondent 2, dt/- 16-5-1984 contained in Annexure- D and ordering the detenu's release forthwith.

(3.) In short, according to the various first information reports lodged by various persons in the City Kotwali, Raipur, against the detenu, he was found in the habit of terrorising the people of Raipur by his criminal activities. At times, he was also found using a sword and other lethal weapons. As such, within a short span of time i.e. in one year commencing from Jan 1983 to 29-3-84, about 8 complaints have been lodged against the detenu relating to cognizable offences but because of the terror of the detenu, the witnesses of the incidents were not ready to depose the truth before the Court of law. Hence, the district authorities headed by the respondent 1 reached the conclusion that action for detention of the detenu became necessary for maintenance of the public order and, therefore, for maintaining the peace, the detenu must be detained under S.3(2) of the National Security Act, 1980.