KAMAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present writ petition, in the nature of habeas corpus, has been filed by the petitioner inter alia questioning the validity of order dtd. 20/3/2023 (Annexure-4) passed by the respondent No.1 and order dtd. 30/1/2023 (Annexure-2) passed by the respondent No.2 whereby his brother Ummed Singh, has been ordered to be placed under preventive detention under the provisions of Rajasthan Prevention of Anti-Social Activities, Act, 2006 (RAJPASA).

(2.) Learned counsel for the petitioner made submissions that the respondents though initiated the process by way of an order passed by the District Collector on 9/1/2023 for placing the petitioner under detention; ultimately the order dtd. 30/1/2023 (Annexure-2) was passed inter alia indicating that the petitioner being a dangerous person under the Provisions of RAJPASA be placed under preventive detention.

(3.) The order came to be approved by the State Government on 7/2/2023 under the provisions of Sec. 3 (3) of the Act. Whereafter, the case was referred to the Advisory Board which by its order dtd. 11/3/2023 approved the preventive detention. Ultimately the order dtd. 20/3/2023 (Annexure-19) came to be passed placing the petitioner under preventive detention till 29/1/2024.