SAMPAT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner Sampatsingh has moved this Court for grant of a writ of habeas corpus impugning the order of the District Magistrate, Bhilwara dated 28th September, 1970 for his detention under Section 3(2) of the Rajasthan Prevention Detention Ordinance, 1970 (Ordinance No. 6 of 1970), hereinafter to be referred as the Ordinance, for, allegedly acting in a manner prejudicial to the maintenance of public order in the district of Bhilwara. The order has been placed on record as Ex. 1.

(2.) ON 2nd of October, 1970 the learned District Magistrate furnished the grounds of the petitioner's detention to him. It appears that the Government had approved the order on 7th October, 1970. On 6th November, 1970 this petition was lodged and it was admitted on the same day. By a supplementary application dated 9th November, 1970 the learned counsel for the petitioner; sought permission to raise certain additional grounds to challenge the vires of Section 6(a) of the Ordinance. On 12th November, 1970 a reply was filed on behalf of the learned District Magistrate but as the vires of the Ordinance were under challenge, on 13th November, 1970 a notice was ordered be issued to the learned Advocate General.

(3.) IN the first instance it is submitted' that the grounds furnished to the detenue were bad in that some of them were vague in some respects while others were extraneous to the consideration of public order under Section 3 of the Ordinance and further the District Magistrate was animated with malafides.