BABLU @ JITENDRA Vs. STATE OF RAJASTHAN & ORS

JUDGEMENT

(1.) The District Magistrate, Pratapgarh under an order 23.3.2012 detained Bablu @ Jitendra son of Daya Shanker Joshi for a period of one year by exercising power under Section 3(1) of the Prevention of Anti Social Activities Act, 2006 (hereinafter referred to as "the Act of 2006"). The authority to detain a person in accordance with the provisions of the Act of 2006 was acquired by the District Magistrate in pursuant to a Government of Rajasthan notification dated 17.1.2012, passed while exercising powers under Section 3(2) of the Act of 2006.

(2.) The submission of counsel for the petitioner is that the State Government while exercising powers under Section 3(2) of the Act of 2006 has not at all taken into consideration necessary material to arrive at a conclusion that such delegation of powers is necessary looking to the prevailing circumstances and the circumstances likely to prevail.

(3.) The respondents have made available the material on basis of which decision was taken to delegate the powers under Section 3(1) of the Act of 2006 to the District Magistrate, Pratapgarh.