RAM KHILADI GURJAR Vs. STATE OF M P

JUDGEMENT

(1.) THE present petition has been filed under Article 226 of the constitution by the petitioner challenging an order dated 7th September, 2007 passed by the respondent No. 1, State of Madhya Pradesh so also order passed by the District Magistrate, Gwalior in Case No. NSA/13/07, dated 19th July, 2007 under the provisions of the National Section Act, 1980 (hereinafter referred to as the Act of 1980) detaining the petitioner for a period of one year.

(2.) THE contention of the petitioner is that he was detained on 21st july, 2007 (Annexure P-3 ). As per the detention order dated 21st July, 2007, twenty one cases have been detailed in the order. The petitioner in this petition has stated that in most of the cases which has been listed in the detention order, he has been acquitted and after the year 2003 only three cases have registered against him. In the year 2003 a case was registered on 14-10-2003 at Crime no. 336/03 under Sections 302,341,120-B of IPC. After the year 2003 it was only 18th May, 2007 a case has been shown in the list to have been registered against the petitioner and the contention of the petitioner is that this case does not relate to the petitioner but is related to one Ram Khiladi s/o Shri Kartar Singh, resident of Morena. It is further contended by the petitioner that thereafter a case has been shown to have been registered on 1st July, 2007 at Crime no. 158/07 under Sections 294 and 507 of IPC, and another case has been registered against him on 3rd July, 2007 at Crime No. 647/07 for offences under sections 336 and 347 of IPC. The grievance of the petitioner is that the case which has been registered on 3rd July, 2007 has been registered on account of political influence exercised by one Mr. Rakesh Shukla an Ex- M. L. A. , belonging to the ruling party. The petitioner has assailed the order passed by the competent Authority under the Act of 1980, on various grounds. The contention of the petitioner is that on account of political pressure, the order of detention has been passed against the petitioner under the Act of 1980. It has been further contended that political pressure has been exhorted by Mr. Rakesh shukla, a member of the ruling party who was instrumental in getting the impugned order passed against the petitioner.

(3.) IT is the contention of the petitioner that he belongs to Backward class Community invoked in various social work activities and in order to tarnish the reputation of the petitioner, the impugned action has been taken against him infringing the fundamental rights guaranteed under Article 21 of the constitution, therefore, the action of the respondents deserves to be set aside.