MOHAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY these writ petitions, the petitioners have challenged the validity of the notices issued by the District Magistrate, Nagaur, under section 3 of the Rajasthan (Control of Gundas) Act, 1975 (herein after referred to 'as the Act'), by which the petitioners were informed that it appears to the District Magistrate, Nagaur, that the petitioners are Gundas as per clause 2 (b) (viii) of the Act and are engaged in committing criminal offences either by himself or as a member or leader of a Gang and thereby creating panic in the area. Their activities or acts in the town of Ladnu and its adjoining area are calculated to cause danger or harm to the persons or properties and there are reasonable grounds for believing that they are engaged in the commission of the acts specified in sub-clause (viii) of Clause (b) of section 2 of the Act and the witnesses are not willing to come forward to give evidence against him for fear of violence to their persons or properties. The petitioners were, therefore, asked to appear before the learned District Magistrate, Nagaur, on the dates mentioned in the notices and to show cause why the order for externment of the petitioners under section 3 (3) of the Act should not be passed.

(2.) HEARD learned counsel for the petitioners and the learned Dy. Govt. Advocate.

(3.) SECTION 3 (1) of the Act only requires that the District Magistrate, by a notice in writing may inform the person concerned, the general nature of the material allegations against him in respect of Clauses (a), (b) and (c) of section 3 (1) of the Act. As per section 3 of the Act, it is sufficient if the notices issued under section 3 of the Act contain the general nature of the material allegations and it need not to contain the detailed particulars. The material allegations that have been given in the impugned notices are to the effect that the First Informition Reports on various dates have been registered against the petitioners at police station, Ladnu, and in some of the cases, after investigation, the challans have been submitted as the cases were found against the petitioner. The dates and the number of the First Information Reports have, also been mentioned in the notices. It has also been mentioned in the notices that the petitioners earlier also, were found involved in the criminal activities and the number of First Information Reports with dates and the cases have been given. It was, also, mentioned in the impugned notices that to the learned District Magistrate, they appear to be Gundas and their activities have caused alarm, danger or harm to the persons or property in the town of Ladnu and its adjoining area and there are reasonable grounds for believing that the petitioners are engaged in the acts specified in sub-clause (viii) of Clause (b) of section 2 of the Act and the witnesses, on account of fear or violence to their person or properties, are not willing to come forward to give evidence against them.