SALMAN KHAN S/O ANWAR KHAN Vs. STATE OF RAJASTHAN THROUGH SECRETARY, DEPARTMENT OF HOMES, SECRETARIAT JAIPUR, RAJASTHAN

JUDGEMENT

(1.) In this habeas corpus writ petition, the detenu Salman Khan has prayed for quashing order dated 15.9.20016 passed by the District Magistrate, Bikaner whereby while exercising powers conferred under sub-Section (1) of Sec. 3 of the Rajathan Prevention of Anti-Social Activities Act, 2006 (hereinafter referred to as the Act of 2006 for short), the District Magistrate, Bikaner passed detention order against the petitioner. A notice was also given to the petitioner dentue that if you want to file any representation, you may file because detention order will be placed before the advisory board by the Government. The petitioner also challenged the order dated 23.9.2016 passed by the Home Department, Government of Rajasthan whereby the order of detention passed by the District Magistrate was approved, so also, the order dated 3.11.2016 passed by the Home Department, Government of Rajasthan whereby after confirmation of detention order by the advisory board on 19.10.2016, the order dated 3.11.2016 was passed whereby order for detention of petitioner Salman Khan for one year w.e.f. 23.9.2016 to 22.11.2017 has been passed.

(2.) As per facts of the case, the petitioner Salman Khan is 21 years old student, residing in Bhutto Ka Bas, Bikaner. The SHO, Police Station Sadar, Bikaner submitted a complaint against him on 18.9.2015 before the Superintendent of Police, Bikaner under Sec. 3(1) of the Act of 2006 alleging therein that detenu is involved in criminal activities from last many years and number of criminal cases are registered against him in which he is facing trial, therefore, action may be taken against him under the Act of 2006 because he is become "dangerous person".

(3.) Upon above complaint, the Superintendent of Police, Bikaner made recommendation to the District Magistrate, Bikaner against the petitioner detenu to take action against him under the Act of 2006 to maintain public order.