KISTURI DEVI Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) THE instant Habeas Corpus Petition has been filed by the petitioner Kisturi Devi W/o. Mohan Lal, resident of Hanuman Hatta, Bikaner for quashing the detention order of her son Anand Mehra and made the following prayers in this writ petition:

(2.) BRIEF facts as stated in the writ petition are that petitioner is belonging to a poor family of other backward class and her family is residing in the vicinity where 20% people of Mehra community and 80% people of high community are living. As per petitioner her husband was actively participated in the election of Ward, Counselor, general elections and other social activities and her son Anand Mehra who is physically handicapped was also agitating grievances of his community and society before the District Administration so also contested the election of counselor in the year 2009. Due to his participation in the election, the members of powerful community are keeping political rivalry against him, therefore, the police under the pressure of politically motivated persons lodged 24 false cases against her son since 1995, out those cases, his son Anand Mehra has been acquitted in 12 cases and 6 cases are pending against him and in remaining cases, he was punished by the learned trial court since 1995.

(3.) THE District Magistrate, Bikaner - respondent No. 2 while exercising its power conferred under Section 3(1) of the Act of 2006 passed an order for detention of petitioner's son Anand Mehra for a period of one year on 14.8.2014. The order passed by the District Magistrate, Bikaner was further approved by the Secretary, Department of Home, Government of Rajasthan, Jaipur vide order dated 28.8.2014 and case of petitioner's son was referred for opinion to the Advisory Board constituted by the State Government under Section 10 of the Act of 2006.