SANTOSH SHARMA Vs. STATE OF M P

JUDGEMENT

(1.) THIS is an appeal filed under Section 2 of the Madhya pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 against the order dated 26. 09. 2008 passed by the learned Single Judge dismissing writ Petition No. 6080/2008 of the appellant against the order of detention passed by the District Magistrate, Hoshangabad under Section 3 (2) (3) of the National security Act, 1980 (for short 'the Act' ).

(2.) THE relevant facts briefly are that on 5. 1. 2008 the District Magistrate, hoshangabad in exercise of powers under Section 3 of the Act passed an order detaining the appellant on the request of Superintendent of Police, Hoshangabad in his letter dated 29. 12. 2007. Thereafter the matter was referred to the Advisory board under Section 11 of the Act and pursuant to report of the Advisory Board, the State Government confirmed the order of detention on 21. 4. 2008 directing that the appellant shall remain in detention till 5. 3. 2009. Aggrieved, the appellant filed Writ Petition NO. 6080/2008 under Article 226 of the Constitution and by the impugned order dated 26. 9. 2008 the learned Single Judge dismissed the writ petition.

(3.) MR. Vijay Pandey, learned counsel for the appellant, submitted that on reading of the impugned order passed by the learned Single Judge it will be clear that the learned Single Judge has failed to appreciate the distinction between the law and order' and 'public order'. He cited the decision of the Supreme Court in victoria Fernades vs, Lalmal Sawma and others, AIR 1992 SC 687 on the distinction between the law and order' and 'public order' and submitted that the facts stated in the grounds of detention dated 5. 1. 2008 served on the appellant would show that the appellant had not committed any act which would disturb public order and that the grounds of detention only contained allegations which are ordinary crimes such as gambling committed by the appellant which may amount to contravention of law but which had no effect on public order.