BEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition in the nature of habeas corpus has been filed by the petitioner - mother of the detenue Vickey Fighter @ Ricky questioning the validity of orders of detention passed under the provisions of the Rajasthan Prevention of Anti-Social Activities Act, 2006 ('the Act') dtd. 30/11/2022 (Annex.2) and 8/12/2022 (Annex.3).

(2.) It is, inter-alia, indicated in the petition that the Deputy Commissioner of Police (West), Jodhpur sent a communication dtd. 18/10/2022 (Annex.1) to the District Magistrate, Jodhpur, inter-alia, requesting to order for preventive detention of petitioner's son under Sec. 3(1) and (2) of the Act as he is a dangerous person as defined under Sec. 2(c) of the Act.

(3.) Based on the said communication, the District Magistrate passed an order on 30/11/2022 (Annex.2) ordering for preventive detention of Vickey Fighter @ Ricky. The order dtd. 30/11/2022 (Annex.2) was approved by the State Government on 8/12/2022 (Annex.3) as required under Sec. 3(3) of the Act. Whereafter, the matter was referred to the Advisory Board and the Advisory Board in its meeting dtd. 11/1/2023 (Annex.R/12) came to the conclusion that detention was in accordance with the provisions of the Act.