INDER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this habeas corpus petition, the petitioner has assailed his detention order on 13. 7. 2000 by the District Magistrate Bharatpur under sub Sec. (2) of Sec. 3 of the National Security Act, 1980 (for short `the Act') with a view to preventing him for acting in any manner prejudicial to the maintenance of public order. Alongwith detention order (Anex. 2), the petitioner was also served with grounds of detention (Annex. 10) under Sec. 8 (1) of the Act, against which he made a detailed representation (Annex. 3) to the Home Secretaries to the Government of India so also the Government of Rajasthan. BY order dated 18. 7. 2000 (Annex. 4) the petitioner was communicated approval of the State Government to the order of his detention. Subsequently by order dated 4. 9. 2000 (Annex. 5) the State Government after having considered the report of the Advisory Board and relevant material on record confirmed the detention of the petitioner and ordered to continue his detention for a period of one year from the date of his detention viz. 13. 7. 2000 to 12. 7. 2001. Hence this petition.

(2.) BESIDES having filed para wise reply to the petition, the respondents have also filed an affidavit of Tanmay Kumar, who had issued impugned order of detention while functioning as District Magistrate Bharatpur.

(3.) WE have heard the learned counsel for the parties and considered their rival contentions besides having perused the relevant record produced during the course of arguments. Though the petitioner has alleged that relevant documents and papers were not furnished to him by the detaining authority but curiously enough either in the writ petition or during the course of arguments, the petitioner failed to show as to which of relevant documents necessitated for preparation of his defence had not been furnished by the detaining authority. The respondents alongwith reply to the petition have produced xerox copy of the letter of the Superintendent Jail Bharatpur (Ann. R. 1) according to which the detenu was handed over original detention order alongwith grounds of detention which accompanied with other documents. In support of it, Kailash Chand Meena Dy SP Circle Deeg and Officer In-Charge of the case has filed his affidavit certifying that Annex. R/1 is exact and true xerox copy of its original.