BHIKHO Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BEING detained under the order dated 12.4.2012, passed by District Magistrate, Jaisalmer, exercising powers under the Rajasthan Prevention of Antisocial Activities Act, 2006 (hereinafter referred to as "the Act of 2006"), the mother of detenue Shri Kamruddin has preferred this petition for writ.

(2.) THE argument advanced by counsel for the petitioner is that the Government of Rajasthan empowered the District Magistrate for exercising powers as per Section 3(1) of the Act of 2006 without satisfying with the circumstances prevailing or likely to prevail in the area concerned those may effect the public order prejudicially. THE argument advanced is supported by a judgment of this Court in DBCivil Writ Petition No.6123/2012, Kishan Singh v. State of Rajasthan & Anr., decided on 27.8.2012. In the case aforesaid we held as under:-

(3.) BE that as it may, from perusal of the record available we are satisfied that the State Government before exercising powers under Section 3(2) of the Act of 2006 has not taken into consideration the prevailing circumstances and the circumstances likely to prevail in District Jaisalmer adversely effecting public order. The notification dated 13.1.2012 bearing No.F.36(10)Home-9/2011 notified by the State Government exercising powers under Section 3(2) of the Act of 2006 delegating powers under Section 3(1) of the Act of 2006 to the District Magistrate, Jaisalmer is illegal and the same deserves to be quashed.