PAPPU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Speaking for the Bench.The petitioner is hereby assailing correctness, propriety and legality of the order passed by the respondent more particularly by Resp. No. 2, dtd. 24-7-96, detaining his younger brother Shamim under National Security Act 1980 (hereinunder referred to as NASA for brief). The detention order has been passed in Case No. 12/96/NSA on 24-7-96 and that has been confirmed on 29-8-96 by the State Government after approval of the Advisory Board. By the said order Shamim has been detained for a period of 12 months, commencing from 24-7-96.

(2.) Few facts need to be stated for understanding the matter. It has been alleged by the respondents that on 13th and 14th July 96 the officers of police Thana, Maxi raided the residential house of detenu Shamim at village Jhokar and during that raid they found that detenue was slaughtering sheeps and cows. The raiding party found slaughtered portion of the cows with flesh, the skins of 76 killed cows, 16 alive cows. The respondents alleged that those 16 cows which were found alive were for slaughtering which used to be in the night. The respondents felt that on account of such activities of detenu the members of public belonging to Hindu religion were seriously annoyed and there was tension prevalent in the locality which was likely to cause communal outbreak dangering the maintenance of public peace and order. The respondents alleged that the members of public form that locality were afraid to detenu and, therefore, none was daring to report complaint against detenu in the police station. Thus, on this back ground the respondents felt the necessity of detaining the detenu and, therefore, relying on representation of S. P. Shajapur dtd. 21-7-96, the action of detention was taken.

(3.) So far as present petition is concerned Shri Z. A. Khan has been heard for the detenu and Shri G. Desai, G. A. has been heard for the respondents - State.