PAPPU KHATIK Vs. STATE OF M P

JUDGEMENT

(1.) BY this petition for a Writ of Habeas Corpus, the petitioner seeks his release from detention under Section 3 (2) of the National Security Act, 1980 (for short, 'the Act'), vide order dated 4-10-2005, passed by the second respondent, District Magistrate, Dhar, in purported exercise of the power conferred upon him by the State Government under Sub-section (3) of Section 3. It is not disputed that as required by Section 8 of the Act, grounds of detention, though ordinarily required to be furnished within (not later than) five days, were concurrently furnished alongwith Order (Annexure P-l), vide Annexure P-2, dated 4-10-2005, in which it was stated that the order of detention (Annexure P-l), dated 4-10-2005 was founded on the said grounds. The grounds contained in Annexure P- 2 have been mentioned from Serial No. 1 to Serial No. 26, referring to the various activities of the detenu (petitioner) commencing from 1-1-1994 to 18-4-2005. In summing up his activities, the District Magistrate has also referred to some alleged participation of the detenu in some communal riots resulting in estrangement between the communities.

(2.) IT is not disputed that the order of detention has been approved by the State Government, as required by Section 3 (4) of the Act, within a period of twelve days.

(3.) THE short question raised by the learned Counsel for the detenu is that for detention it is necessary that there should be nexus with the purpose for which the detention is made and there should also be proximity with the alleged prejudicial activities and the purpose of detention namely; prevention of the person from the alleged nefarious activities. His like contention assailing the validity of the order of detention is that the District Magistrate has taken some vague material into account in coming to the conclusion that the activities of the detenu relate to and prejudicially affect the public at large and therefore, fall within the domain of the public, order and it is permissible to detain the detenu under the provisions of the said law.