SABINA KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE District Magistrate, Bikaner under the order dated 27.3.2012 detained the petitioner for a period of one year while exercising powers under sub-section (1) of Section 3 of the Prevention of Anti Social Activities Act, 2006 (for short 'the Act of 2006' hereinafter). The power aforesaid was exercised by the District Magistrate being acquired under Notification No.F.36(2) Home-9/2011 dated 3.5.2011 read with Notification No.F.36(2) Home-9/2011 dated 3.2.2012. The submission of learned counsel for the petitioner while giving challenge to the order of detention is that the authority to pass an order of detention as per Section 3(1) of the Act of 2006 could have been given to the District Magistrate by the State Government only after getting satisfied that the circumstances prevailing or likely to prevail in Bikaner District demand to confer such powers to District Magistrate but without having any such material the powers under sub-section (1) of Section 3 have been delegated.

(2.) THIS Court by order dated 21.9.2012 directed learned Government Advocate to make available the original record wherein the State Government recorded its satisfaction necessary to exercise powers under sub-section (2) of Section 3 of the Act of 2006. Accordingly, the original record is produced before us. From perusal of all necessary notings, it reveals that as a matter of fact, no material necessary to arrive at the conclusion that any endanger was there to the public order and the circumstances prevailing or likely to prevail in Bikaner district were sufficient to confer the District Magistrate, Bikaner with the powers under sub-section (1) of Section 3 of the Act of 2006 was taken into consideration. This Court by taking into consideration similar kind of notings held delegation of such powers bad in a batch of writ petitions decided on 27.8.2012 led by D.B. Civil Writ (Parole) Petition No.6123/2012 (Kishan Singh Vs. State & Anr.).