AJAY RINWA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two writ applications seeking writs of habeas corpus raise common questions of law under the Rajasthan Prevention of Anti-Social Activities Act, 2006 (hereinafter called 'the Act') and therefore they have been heard together and are being disposed by a common order. Since the applications are being considered on a pure question of law and the facts are not in dispute, it is not considered necessary to set out the entire facts of the two cases separately except to the extent necessary for purposes of the present order.

(2.) Both the petitioners were served with orders of preventive detention separately dated 14.06.2016 by the District Magistrate, Sikar under Section 3(2) of the Act. The order was confirmed by the State Government within the statutory period of 12 days as required by the Act. The Advisory Board has also confirmed their detention.

(3.) Learned Counsel for the petitioners submitted that a harmonious reading of Sections 3, 9 and 12 of the Act reflects a scheme that where detention is ordered by the District Magistrate so authorized by the State Government under Section 3(2), he is required within three days to communicate the grounds to the detenue with an opportunity to represent before the District Magistrate itself who can reconsider the detention order before its confirmation by the State government. Reliance in support of the submission was placed on Section 23 of the Rajasthan General Clauses Act, 1955 (hereinafter referred to as 'the General Clauses Act') that an authority issuing the order has also the jurisdiction to rescind that order.