SALIM KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant habeas corpus petition has been filed by Salim Khan S/o Azad Khan R/o Chaniya Khedi, Tehsil and District Pratapgarh to challenge the order of detention dated 22.8.2016 of his son detenue Ayub Khan passed by the District Magistrate, Pratapgarh, so also, approval of detention order dated 1.9.2016 and the detention order dated 18.10.2016 passed by the State of Rajasthan after confirmation by the advisory board, Jaipuir whereby Ayub Khan son of the petitioner was detained for a period of one year w.e.f. 22.8.2016 to 21.8.2017.

(2.) As per the facts of the case, the District Magistrate, Pratapgarh while exercising powers conferred under Section 3(1) of the Rajasthan Prevention of Anti Social Activities Act, 2006 (hereinafter referred to as the Act of 2006 for short) passed an order on 22.8.2016 whereby on the basis of 15 criminal cases registered against the detenue Ayub Khan and other material placed before him by the Superintendent of Police, Pratapgarh passed the detention order and detained Ayub Khan while treating him as "dangerous person". The State Government approved the order of District Magistrate, Pratapgarh vide order dated 1.9.2016 (Annex.22) and granted an opportunity to the detenue Ayub Khan to file representation against the detention order so as to place before the advisory board for confirmation.

(3.) The detenue Ayub Khan filed his representation (Anex.25) against the order of detention dated 22.8.2016 passed by the District Magistrate, Pratapgarh. The said representation of the detenue was placed before the advisory board and detenue Ayub Khan was granted and opportunity to raise his grounds against the order of detention personally before the advisory board. The advisory board after considering the representation and arguments of detenue Ayub Khan confirmed the order of detention vide order dated 20.9.2016 and, thereafter, the formal confirmation order was issued by the State of Rajasthan on 18.10.2016 whereby detenue Ayub Khan son of the petitioner Salim Khan was ordered to be detained for one year w.e.f. 22.8.2016 to 21.8.2017.