BABAR ALI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition is filed against the order dated 15.11.2018 (Annexure P/2) passed by the District Magistrate, Jabalpur directing detention of the petitioner under Sec. 3(2) of the National Security Act, 1980 and sent the petitioner to Central Jail, Jabalpur for three months.

(2.) According to the petitioner, on the representation of the Superintendent of Police, Jabalpur, the District Magistrate, Jabalpur passed detention order under Sec. 3(2) of the National Security Act and as such, the petitioner is in detention since 15.11.2018. The detention of the petitioner is illegal. The petitioner has been forcefully detained in prison. He has not committed any crime after 2013-14. Accordingly, it is submitted that the petitioner was sent to jail owing to Assembly Election, 2018 and as the election is over, the petitioner is seeking his release by quashing the impugned order of the District Magistrate.

(3.) According to the objection of the State Government, the petitioner has not filed any representation in accordance with Sec. 8 of the National Security Act, 1980 to appropriate authority and directly approached this Court. The petitioner is a hardcore criminal involved in criminal activities since 2004-05 and he has disturbed the peace of the locality. The petitioner is stated to be involved in serious and severe criminal activities and public peace has been disturbed by his activities. It is also stated that there are cases of attempt to murder, extortion and gambling against the petitioner. There are cases of having unlawful armaments and explosive substance against him, thereby he violated Sec. 188 of M.P. Rajya Suraksha Adhiniyam. There is no improvement in the temperament and conduct of the petitioner despite warning by the authorities and the Courts. Thereafter, the Superintendent of Police made representation before the District Magistrate for taking action under Sec. 3(2) of National Security Act against the petitioner. It is further submitted that on perusal of the representation and the report of the Superintendent of Police, the District Magistrate passed an order of detention unless he will be disturbing the public peace. It is also submitted that the order passed by the District Magistrate has been affirmed by the State Government vide order dated 29.11.2018. The petitioner is a habitual criminal involved in criminal activities since long. As such, the impugned order does not suffer from any illegality.