BULESH ALIAS SANWARMAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) GRIEVANCE of the petitioner in this writ petition is that his detention under the National Security Act 1980 (for short NSA) was wrongful and the impugned orders of the District Magistrate Sikar and the State of Rajasthan deserve to be set aside.

(2.) CONTEXTUAL facts depict that on June 21, 2003 the District Magistrate Sikar passed an order under Section 3 of the NSA for detention of the petitioner on the ground that the petitioner was found involved in various criminal activities which were prejudicial to the security of the State and the Public. It was stated in the order that the petitioner was History Sheeter and involved in as many as 21 criminal cases. After examining the record the District Magistrate arrived at the subjective satisfaction that the activities of the petitioner were opposed to the public order and created panic and fear in the minds of general public. On June 28, 2003 the State of Rajasthan approved the order of detention of the petitioner. The Advisory Board confirmed the order of detention on July 21, 2003. The State of Rajasthan issued order of approval of detention on August 7, 2003 and directed to detain the petitioner for one year i. e. from June 19, 2003 to June 18, 2004.

(3.) A look at Section 8 of the NSA demonstrates that when a person is detained in pursuance of a detention order the authority making the order shall as soon as may be, but ordinarily not later than five days and in exceptional circumstances and for reasons to be recorded in writing, not later than ten days from the date of detention communicate to him the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order to the appropriate Government.