ALLO @ ALLIMUDDIN Vs. STATE OF RAJASTHAN & ORS.

JUDGEMENT

(1.) This is an habeas corpus writ petition challenging the order of detention passed by the learned District Magistrate, Sawai Madhopur dated 27th Nov., 1990 whereby the petitioner has been detained under sub-section (2) of Sec. 3 of the National Security Act 1980, as the detaining authority was satisfied that for the maintenance of public order, it was essential to detain the petitioner Allo @ Allimuddin. His activities being prejudicial to the maintenance of public order. Alongwith the order of detention, the detaining authority also furnished grounds for detention and mentioned therein 23 cases which according to him were sufficient to satisfy that the nature of the incidents were such, which were sufficient to infer that the petitioner would cause danger the public order in future also in case he is not detained. According to him, there was also a serious danger for his raising communal tensions. The cases which have been mentioned start from 16.3.81 and the last incident was on 7th Nov., 1990. Notice of the habeas corpus writ petition were given to the respondents to which reply was filed on behalf of the State to justify the detention.

(2.) It may be pertinent to mention here that the petitioner has been detained earlier also by the District Magistrate, Sawai Madhopur vide detention order dated 2nd July, 1987. This detention was challenged in this Court and a Division Bench of this Court accepted the habeas corpus writ petition vide order dated 8th Feb-, 1988 and quashed the detention order. The detention order dated 2nd July, 1987 was passed by the District Magistrate Sawai Madhopur on the ground that the petitioners action prejudicial to the maintenance of public order. He had taken into consideration nine incidents which started from 23rd April, 1982 and the last one was on 14th May, 1987 and while passing the present order of detention, the detaining authority has taken into consideration all the cases, which the petitioner was earlier detained & his detention order has been quashed, which in our opinion is seriously prejudicial the case of the detention. The case in hand is squarely covered by the decision of their Lordships of the Supreme Court in Chhagan Bhagwan Kaha Vs. N.L. Kalna and others, AIR 1989 S.C. 1234. Wherein it has been held as under:-

(3.) In this view of the matter, the habeas corpus petition deserves to be allowed. However, it may be mentioned here that the Court has not gone into the merits of the incidents, which have taken place subsequent to the passing of the earlier order i.e. 8.2.88. We, therefore, quash the order because the earlier incidents are taken note of. But in case the petitioner repeats any of the offence or does any act in future which is prejudicial to the security of the State or which is likely to cause danger to the maintenance of public order, it will be open to the Dist. Magistrate, Sawai Madhopur to pass an appropriate order to detain the petitioner however, ignoring the cases which have been covered by the order of this Court dated 8th Feb., 1988 but it will open to him to consider the recent happenings of which we have taken note of in the present order.