JAFFER Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) They are heard.

(2.) BY this writ petition, the petitioner is challenging the order of detention dated 12.09.2014 (Annexure P/1), order of confirmation dated 14.11.2014 (Annexure P/2) and further confirmation order dated 29.11.2014 (Annexure P/2 -A) passed under Section 3(2) of the National Security Act, 1980 (hereafter referred to as "the Act", for brevity) on the ground that the aforesaid order is defective and contrary to the law laid down by the Apex Court in the case of Dharamdas Shamlal Agarwal v. Police Commissioner and another reported in : (1989) 2 SCC 370 and the Gwalior Bench decision of M.P. High Court in the case of Tahsildar Singh v. State of MP & others reported in : 2010 (2) JLJ 56. The Superintendent of Police, Ratlam submitted a memorandum on 12.09.2014 to the District Magistrate, Ratlam for detention of the petitioner under the provisions of the Act. It has been mentioned by the Superintendent of Police in the memorandum that the petitioner was a notorious criminal and is involved in number of criminal offences. Due to criminal activities of the petitioner, the persons were not willing to come forward to record their evidence in criminal cases and due to the activities of the petitioner, the peace of the area was in danger. The Superintendent of Police mentioned details of the seven criminal cases registered against the petitioner under different sections of the Indian Penal Code, which are as under: - -

(3.) THE District Magistrate, as per the memorandum of the Superintendent of Police, perused the record and considering the aforesaid grounds, passed an order of detention under Section 3(2) of the Act. The grounds are based on the basis of the registration of the criminal cases against the petitioner. The matter was referred to the Advisory Board and the Board also recommended the detention of the petitioner under the Act; and consequently, the State Government by order dated 14.11.2014 (Annexure P/2) affirmed the detention order of the petitioner, after the District Magistrate, which was further extended up to 12.03.2015 by order dated 29.11.2014 (Annexure P/2 -A).