ABDUL RASHID Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a habeas corpus petition filed by one Abdul Rashid, who is brother of Mod. Rizwan one has been detained by an order of the District Magistrate, Kota dated 14. 4. 1986, under section 3 (2) of the National Security Act, 1980 (Act No. 65 of 1980) (hereinafter referred to as "nsa" ).

(2.) EARLIER also the petitioner was detained under NSA by order of the District Magistrate Kota dated 12th August, 1981, under sec. 3 (2) of the NSA. A writ petition filed in this court and the same was allowed by order dated April 28, 1982 as the court came to the conclusion that there was no ground or justific -ation to hold that the activities of the detenus were such as to disturb the public order. All the grounds mentioned in the detention order at the best, make out a case of disturbance of law and order.

(3.) RELIANCE has also been placed on Harnek Singh vs. State of Punjab (6), where a case under Section 307, 411 and 414 IPC was registered on 17th February, 1980. He was ordered to be detained on 4. 11. 1980 and was put behind the bars on 10th July, 81. During those proceedings the detenue was on bail and was appearing on every hearing till he was put behind the bars. It was held that since there was a gap of more than a year and a half and no explanation was furnished, the detention order was bad.