(1.) THIS order shall govern disposal of four writ petitions. These are Writ Petition Nos. 649/94 (Mannu alias Manmohan Joshi), W.P. No. 690 of 1994 Lalji @ Vijay Pratap Singh v. The State of Madhya Pradesh and others), W.P. 921 of 1994 Smt. Poonabai v. The State of Madhya Pradesh and W.P. No. 1270 of 1994 Guddu alias Pramod v. State of Madhya Pradesh.
(2.) THE detenues seek issuance of a writ of habeas corpus. They want order of detention passed under the National Security Act, 1980 (hereinafter referred to as the Act), to be quashed. This is opposed by the State. It is stated that the detenues have created a situation which, if allowed to continue, unchecked would disturb that orderly state of affairs which is the backbone of maintaining 'even tempo of the life' of a civilised and organised society. The order of detention against which writ petition No. 649/94 is preferred by Mannu alias Manmohan is dated 6th of December 1993. There are three grounds of detention. Taking them in the reverse chronological order, these are :-
(3.) AS noticed above, the assertions made by the petitioner are denied by the State. It is stated that the order passed by the Collector has been approved by the State Government on 13th of December 1993 and the Advisory Board has also given due opportunity of hearing to the petitioner. This opportunity of hearing is said to have been given on 19th of January, 1994. It is stated that the order was passed because it became absolutely necessary to detain the petitioner because his activities were definitely prejudicial to the maintenance of public order. It is stated that the grounds of detention do not deal with stale matters. The assertion that grounds were not supplied has been denied and it is further stated that the Central Government was duly notified within the stipulated period. So far as the power of the District Magistrate to pass the order of detention is concerned, reliance has been placed on Annexure R/4. This is a notification by which the District Magistrate has been authorised to exercise power under Section 3(2) of the Act.
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