HATTU ALIAS BABLU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner seeks to quash the order dated May 11, 2005 of the District Magistrate, Sawai Madhopur detaining the petitioner under Section 3 (2) of the National Security Act, 1980 which was enacted to tackle the law and order situation in the country in a most determined and effective way.

(2.) COMING to the scheme of the National Security Act, 1980 (for short 1980 Act), we notice that the State Government has to send its report in regard to detention order to the Central Government. Sub-section (5) of Section 3 of 1980 Act reads as under:- " When any order is made or approved by the State Government under this section, the State Government, shall, within seven days, report the fact to the Central Government together with the grounds on which the order has been made and such other particulars as, in the opinion of the State Government, have a bearing on the necessity for the order. "

(3.) THE respondent Union of India did choose to file affidavit of Ms. Rita Dogra, Under Secretary, Ministry of Human Affairs to the effect that a report as envisaged under Section 3 (5) of 1980 Act about the detention of the petitioner was made by the Government of Rajasthan to the Central Government which was received in the Ministry of Home Affairs on May 24, 2005. THE position was noted by the concerned Director authorised under Section 3 (5) It is further stated that as per provisions of Section 8, the petitioner on receipt of grounds of detention had right to make representation to the Government of Rajasthan and not to the Central Government.