FARIDA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant habeas corpus petition has been filed by Farida W/o Naeem Ahmed (detenu) against the order dated 13.8.2014 passed by the District Magistrate, Bikaner for detention of Naeem Ahmed, husband of the petitioner and the order dated 24.8.2014 passed by the Secretary, Department of Home, Government of Rajasthan whereby an order passed by the District Magistrate, Bikaner for one year detention under the provisions of Prevention of Anti Social Activities Act, 2006 (hereinafter referred to as the Act of 2006 for short) was affirmed.

(2.) As per the facts narrated in the writ petition, the husband of the petitioner Naeem Ahmed was doing the real estate business and due to business competition, the competitors of real estate business developed jealousy and enmity with the petitioner's husband and with ulterior consideration/motive and to satisfy their desire, they insisted the APP to request the SHO, Police Station Nayashehar, Bikaner for taking action against the petitioner and his associates under the provisions of the Act of 2006. The Superintendent of Police, Bikaner vide communication dated 1.4.2011 requested the District Collector, Bikaner to pass detention order against the husband of the petitioner and in turn vide communication dated 7.4.2011 sent a communication dated 7.4.2011 to the State Government for further proceeding. It is alleged by the petitioner in the writ petition that without independently satisfying itself as required under the provisions of the Act of 2006, the State Government mechanically and without application of mind delegated the powers to the District Collector, Bikaner vide notification dated 3.5.2011 to take action under Section 3(1) of the Act of 2006 against the husband of the petitioner. The District Collector, Bikaner passed an order dated 11.7.2011 against the husband of the petitioner and in pursuance of the said detention order, Naeem Ahmed the husband of the petitioner was detained on 12.7.2011 and after his detention, the District Magistrate, Bikaner sent communication dated 14.7.2011 to the State Government with request to grant approval.

(3.) As per the petitioner the order dated 11.7.2011 was defective because there is no power under Section 1 of the Act of 2006 to detain a person, therefore, the State Government vide communication dated 19.7.2011 issued direction to the District Collector, Bikaner to withdraw the order dated 11.7.2011 and initiate fresh proceedings.