SUBHASH CHANDRA KANDARA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this Habeas Corpus writ petition filed by Subhash Chandra Kandara, father of the detenue Kishan Kumar @ Montu, the petitioner has challenged the order of detention dated 2.3.2017 (Annex.2) passed by the Commissioner of Police, Jodhpur and affirmed by the State Government vide orders dated 8.3.2017 (Annex.3) and 19.4.2017 (Annex.4) whereby the detenue Kishan Kumar @ Montu has been detained for one year w.e.f. 2.3.2017 to 1.3.2018.

(2.) As per facts of the case vide communication dated 2.3.2017 a complaint was filed by the respondent no.4 SHO Police Station Nagori Gate, Jodhpur before the respondent no.3 Commissioner of Police, Jodhpur proposing the proceedings against the detenue Kishan Kumar @ Montu under Section 3 of the Act of 2006 wherein it has been stated that the detenue Kishan Kumar @ Montu is a dangerous person because several criminal cases registered and pending against him, therefore, to check his criminal activities steps may be taken against him. On the basis of the said communication, the Commissioner of Police, Jodhpur while exercising powers conferred under Section 3 of the Act of 2006 passed order on 2.3.2017 so as to detain the detenue Kishan Kumar @ Montu and send the matter for approval. The State Government vide order dated 8.3.2017 approved the order passed by the Commissioner of Police, Jodhpur dated 2.3.2017 and palced the case before the advisory board for seeking approval. Ultimately, the State Government passed an order dated 19.4.2017 directing to detain the detenue Kishan Kumar @ Montu for a period of one year.

(3.) Upon issuing notice to show cause the respondents, a reply has been filed by the respondents in which it is specifically pleaded that due to criminal character and activities of the petitioner's son Kishan Kumar @ Montu a panic the society and there is also law and order situation in the Jodhpur city. It is stated that his criminal activities have been around almost all the area covered by Police Stations Udai Mandir, Mahamandir, Sardarpura, Ratanada, Pratap Nagar, Chopasani Housing Board, Kanda Falsa of Jodhpur metro as well as in the district Jalore. In the reply it is stated that as many as 24 cases under the IPC and under the Arms Act were registered against the detenue Kishan Kumar @ Montu and after investigation challan was filed. It is also stated that in 9 cases, though the detenue Kishan Kumar @ Montu was acquitted but he has been acquitted on the basis of the compromise arrived at between the parties but in remaining 15 cases, the trial is going on before the learned courts. It is submitted that the criminal activities of the detenue Kishan Kumar @ Montu are in continuance and involves attack with deadly weapons, causing injury to the property by subjecting them ablaze, attempt to commit homicidal deaths, committing forgery and fraud and keeping arms and ammunitions. In the reply it was also stated that the detenue Kishan Kumar @ Montu is a history sheeter of Police Station Nagori Gate, Jodhpur and has remained engaged in the criminal activities which have been continuous from the year 2006. Apart from aforesaid from time to time proceedings under Section 110, 1073 and 151 Cr.P.C. were also initiated against him but despite being bound down to maintain good behavior, the detenue Kishan Kumar @ Montu went on to commit the criminal activities causing eminent danger to the public order. Thus, it was submitted that the orders impugned were rightly passed by the respondents.