MANGI KUMARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition in the nature of habeas corpus has been filed by the petitioner questioning the validity of order dtd. 13/7/2022 (Annex.2), whereby the District Magistrate, Barmer, while exercising the powers under Sec. 3 of the Rajasthan Prevention of Anti-Social Activities Act, 2006 ('the Act'), has ordered for preventive detention of detenue's brother Bhera Ram S/o Sona Ram subject to approval by the State Government & opinion of the Advisory Board and order dtd. 21/9/2022 (Annex.3) passed by the Joint Secretary, Department of Home, whereby based on the opinion dtd. 25/8/2022 of the Advisory Board regarding availability of sufficient cause for the detention of the detenue, order has been passed confirming the detention order dtd. 13/7/2022 and has ordered that the detenue be kept in detention till 13/7/2023.

(2.) It is, inter-alia, indicated in the petition that the Superintendent of Police, District Barmer filed a complaint on 13/7/2022 with reference to provisions of Sec. 2(b)(c) and Sec. 3 of the Act against Bhera Ram, inter-alia, indicating that conduct of Bhera Ram falls within the definition of 'dangerous person' as defined in the Act and as he is involved in disturbing the public order, for the purpose of putting effective restriction on his criminal activities, order be passed for keeping him under preventive detention under the Act.

(3.) Based on the said complaint on 13/7/2022 itself, the District Magistrate, Barmer came to the conclusion that Bhera Ram was a dangerous person under the provisions of Sec. 2(c) of the Act and there was sufficient reasons available for his preventive detention and consequently, exercising delegated powers under Sec. 3(2) of the Act, ordered for his preventive detention.