BABLU ALIAS JITENDRA Vs. STATE OF RAJASTHAN

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. 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.

(2.) 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. From perusal of all the notings it reveals that as a matter of fact the District Magistrate communicated certain individual facts pertaining to one Shri Chunnu @ Imran Khan, resident of Nogawa, Police Station Arnod, District Pratapgarh and Bablu @ Sarafat Khan, resident of Nogawa, Police Station Arnod, District Pratapgarh. On basis of the facts communicated a noting was drawn and the matter was placed before the Assistant Legal Remembrance for opinion. The Assistant Legal Remembrance without considering the prevailing circumstances and the circumstances likely to prevail in District Pratapgarh made an opinion to make necessary delegation in favour of the District Magistrate, Pratapgarh as per provisions of Section 3(2) of the Act of 2006. The Special Secretary (Home Affairs) and further higher executive authorities put their signatures ipse-dixit just below the opinion given by the Legal Remembrance. Accordingly, the notification dated 17.1.2012 was issued. This Court in DBCivil Writ (Habeas Corpus) Petition No.6123/2012, Kishan Singh v. State of Rajasthan & Anr., decided on 27.8.2012, examined effect of such consideration and held as under:-