ANIL NAYAK (PILANI) Vs. STATE

JUDGEMENT

(1.) These Habeas Corpus (Writ) petitions on joint request have been heard together, and are being disposed of by a common judgment since grounds urged are almost common & identical for assailing the orders though having been separately passed against the petitioners against whose detention writ of habeas corpus is being sought herein.

(2.) Contextual facts are being taken out of the Habeas Corpus Petition, 13569 of 2008, Anil Nayak v. State , which has been filed through his brother Jitendra, relating to detention of the petitioner. Superintendent of Police, Jhunjhunu vide letter dated 15.09.2008 submitted report to the District Magistrate Jhunjhunu for initiating action of detention against detenu-Anil Under Section 3(1) of Rajasthan Prevention of Anti-social Activities Act, 2006 (Act No. 1 of 2008)("PASA Act"). In the report of Superintendent of Police, allegations imputed against detenu (Anil) were inter-alia that after opening history sheet of the detenu and despite having been in stringent supervision he was found being involved in criminal activities (e.g., to quarrel with police administration, murder, attempt to murder, keep unauthorised weapons, involved in excise cases/property disputes). Consequently, there being great fear in public and disturbing the peace in the area, inasmuch as due to his threats, independent eye witnesses were afraid of giving evidence against him, as a result whereof, law & order situation was being adversely affected in the area. In the report, Superintendent of Police also observed that detenue (Anil) is involved in anti-social activities which being prejudicial to maintenance of public order, have necessitated to make order that he should be detained. Taking note of the report of Superintendent of Police and on being satisfied with material having been brought before him, the District Magistrate held that as per record submitted before him it is clear that detenu (Anil) is dangerous person as defined Under Section 2(c) of PASA Act and accordingly passed an order Under Section 3(1) of the PASA Act for detaining him in Central Jail Jaipur for a period of one year from the date of his detention vide order dated 26.09.2008. He was taken in detention and sent to Central Jail, Jaipur where he was served with a notice dated 29.09.2008 alongwith order of detention, report of Superintendent of Police, besides supporting documents informing that against his detention he may file representation, through Superintendent Central Jail, Jaipur to the State Government.

(3.) However, vide order dated 10.10.2008 Deputy Secretary (Security), Department of Home (Gr.IX) Government of Rajasthan, Jaipur conveyed approval of State Government as regards order dated 26/09/08 of detention of the detenu (Anil) passed by District Magistrate, Jhunjhunu. Thereafter notice was also served upon detenu (Anil) vide letter dated 16.10.08 of District Magistrate, Jhunjhunu affording him an opportunity of personal hearing, if so desired against his detention, before the advisory committee. After taking note of opinion of advisory committee, his detention was confirmed by State Government vide order dated 11.11.2008 for a period of one year from 27.09.2008 to 26.09.2009.