SONU DEVRE Vs. STATE OF M P

JUDGEMENT

(1.) BY this petition, filed wider Article 226 of the Constitution, the petitioner has challenged his detention under section 3 (2) of the National Security act, 1980 (in short, "the Act") by the District Magistrate, Bhopal

(2.) THE facts in brief are these. The District Magistrate, Bhopal, by exercising powers conferred under section 3 (2) of the Act, passed ah order dated 4. 3. 2009 for the detention of petitioner in Central Jail, Bhopal. The case of petitioner was then referred to the Advisory Board which reported that,. in its opinion, there was sufficient cause for his detention. The State Government then confirmed the detention order of petitioner for a period of 12 months from the date of his detention till 3. 3. 2010. Aggrieved, the petitioner has filed the present petition praying for quashing of the order of detention.

(3.) THE learned counsel for petitioner mainly submitted that since the mother of petitioner, who is President of District Women Congress, has been raising voice against the illicit liquor trade and anti-social elements, the order of detention has been passed against him for political reasons at the instance of State Government which is of the rival political party. He further submitted that the detention order was not necessitated at all which would also be apparent from the grounds of detention served on the petitioner. The learned counsel relied upon the decision of Supreme Court rendered in Gulab Mehr. a Vs. State of U. P. AIR 1987 SC 2332 in support of his submissions.