RAJU @ RAJESH Vs. STATE OF MP

JUDGEMENT

(1.) The petitioner before this Court has filed the present petition being aggrieved by order dated 17/10/2018 passed by District Magistrate, Dewas in exercise of powers conferred under the National Security Act, 1980. The petitioner is a resident of Dewas and is aggrieved by the order passed by District Magistrate as it is contrary to the provisions as contained in the National Security Act, 1980.

(2.) Learned counsel for the petitioner Shri Asif Warsi has argued before this Court that this statutory provisions provides for detention order for the period of 3 months and his contention is that its review is mandatory by the Advisory Board to continue detenue beyond first spell of 3 months. He has also argued that the District Magistrate does not have the power to pass the detention order to detain a person at a stretch for a period of 12 months. The statutory provisions governing the field as contained under Section 3 of the National Security Act, 1980 reads as under:-

(3.) The proviso 2 Sub-Section 3 provides that the State Govt. at the first instance can pass detention order not exceeding the period of 3 months, however, the State Govt. is satisfied and if necessary to do so, can amend the order and can extend the period from time to time not exceeding 3 months at any one time. The aforesaid statutory provision has not been disputed by the learned Govt. Advocate. However, it has been argued that the petitioner is having large number of criminal cases and the necessity arose to pass an order of detention under the National Security Act, 1980. The reply does not deals with the statutory provision which empowers the State Govt. to pass an order in first spell beyond a period of three months. This Court has carefully gone through the order of detention. The order of detention as contained in Annexure P/1 dated 17/10/2018 reads as under:- ...[VARNACULAR TEXT UMITTED]...