BABU KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a petition of habeas corpus by Babu Khan, who has been detained under Sub -section (2) Section 3 of the National Security Act, 1980 (Central Act No. 65 of 1980) (for short 'the Act' here in after).

(2.) THE District Magistrate, Jodhpur passed an order on September 12, 1984 under Sub -section (2) of Section 3 of the Act stating that he was satisfied that the detention of Babu Khan was necessary with a view to prevent him from acting in any manner prejudicial to the maintenance of public order. The validity of the detention order passed by the District Magistrate, Jodhpur has been challenged by the petitioner.

(3.) LEARNED counsel appearing for the detenue submits that in respect of the instances which took place on November 1, 1983, March 18, 1984 and July 13, 1984 charges in respect offences under Section 307 I.P.C. were dropped on the ground that no injuries were caused on the vital parts of the body, but it is not denied that the criminal cases in respect of the aforesaid nine instances were pending against the petitioner (detenue) before various criminal courts at Jodhpur.