HARI SINGH Vs. STATE AND ORS.

JUDGEMENT

(1.) A writ in the nature of Habeas Corpus under Article 226 of the Constitution Of India has been filed seeking to challenge the order dated 27.1.2015 passed by the District Magistrate, Jaisalmer ordering detention of the petitioner and subsequent order dated 12.3.2015 affirming the said detention order.

(2.) THE present writ petition has been filed on behalf of the petitioner Hari Singh through his brother Shri Bhom Singh. It is contended that the petitioner has been detained in District Jail, Jaisalmer on the basis of an order dated 27.1.2015 issued by the District Magistrate, Jaisalmer while exercising powers under Section 3(2) of the Rajasthan Prevention of Anti -social Activities Act, 2006 (Act No. 1/2008) ( for short 'the Act of 2006'). Along with letter dated 27.1.2015, the petitioner was also supplied the reasons/grounds of detention. Subsequent to that, the petitioner was served with a letter dated 12.3.2015 issued by respondent nos. 1 and 2 affirming the detention order dated 27.1.2015. Aggrieved against the said order of detention dated 27.1.2015 and subsequent order affirming the detention order, the petitioner has filed the present writ petition submitting that he does not fall within the definition of Section 2(b),(c),(g),(h),(i) and (k) of the Act of 2006. It is contended that while exercising the powers under the Section, the respondent No. 3, namely, the District Magistrate has not applied his mind properly while issuing the order. It is further contended that there has been non -application of mind while passing the impugned order dated 12.3.2015 which is non -speaking order and in violation of the provisions of Section 3(3) of the Act of 2006.

(3.) WE have heard the learned counsel for the parties and have perused the record of the case.