DINU KHAN Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) ON being satisfied that the petitioner may cause serious injury to the 'public order' being a 'dangerous person', the District Magistrate, Jaisalmer, with a view to prevent him from acting in any manner prejudicial to the maintenance of public order, passed an order of detention dated 9.9.2014 as per provisions of Section 3(2) of the Rajasthan Prevention of Anti Social Activities Act, 2006 (hereinafter referred to as 'the Act of 2006'). The order aforesaid came to be approved by the Government of Rajasthan on 17.9.2014. Being aggrieved, the petitioner submitted a representation to the Advisory Board as per Section 11 of the Act of 2006 but that came to be rejected under an order dated 24.9.2014. Alleging the detention illegal, this petition is preferred to have a writ in the nature of Habeas Corpus to declare the detention illegal and to release the detenue.

(2.) THE argument advanced by learned counsel is that as per sub -section (1) of Section 3 of the Act of 2006, the State Government may, if satisfied with respect to any person that with a view to prevent him from acting in any manner prejudicial to the maintenance of public order, it is necessary so to do, make an order directing that such person to be detained. This power of the State Government may be delegated to the District Magistrate, if the State Government is satisfied that it is necessary so to do, but in the case in hand delegation of power has been made without recording adequate satisfaction for delegation of such power. It is also stated that instant one is a case where there may be some problem of law and order but not of 'public order', as such, the detention is bad.

(3.) THIS Court by an order dated 9.12.2014 directed learned Government Advocate to make available the notings and consideration to arrive at a satisfaction to authorise District Magistrate, Jaisalmer to have powers as per Section 3(1) of the Act of 2006. In pursuance thereto learned Government Advocate has produced relevant record before us. From perusal of the record it reveals that the District Magistrate, Jaisalmer under a letter dated 28.5.2014 by referring several incidents made a request to the State Government to initiate process for detention of the petitioner as a dangerous person who may cause injury to public order. The request made by the District Magistrate at the first instance was considered by Special Secretary to the Government of Rajasthan (Home) -cum -Joint Legal Remembrance in following terms: -