RAHEEMAN BI Vs. DISTRICT MAGISTRATE JABALPUR MP

JUDGEMENT

(1.) By this petition under Art. 226 of the Constitution of India, the petitioner Raheeman Bi has prayed that the detention order Annexure-P1 dated 4-5-1994 passed by the District Magistrate in relation to her son, Kasim alias Sheroo be quashed and that her son be released.

(2.) The brief facts leading to the detention order are that on 26-4-1994, Police Superintendent, Jabalpur (II respondent) submitted a report to the District Magistrate suggesting there in that detention order under S. 3(2) of the Act be passed against Kasim. The District Magistrate passed the order of detention. The report and grounds of detention refer to as many as eight grounds which are as under;

(3.) The petitioner states that the detenu surrendered at Police Station, Garha on 16-4-1994 as he was wanted in a Criminal case registered against him and was kept in unlawful custody till the date of passing of order of detention i.e. 4-5-1994. The petitioner says that she visited police station from 16-4-1994 to 6-5-1994. She further stated that she was serving meals to the detenu and made repeated requests to the officer-in-charge of Police Station, Garha to produce the detenu before the Court, despite assurances to produce him before the Court on 6-5-1994 the detenu was escorted by one Head Constable and two Constables from Police Station, Garha to Central Jail, Jabalpur in pursuance of the order of detention.