AJAY RINWA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant Habeas Corpus petition has been filed assailing the order dtd. 30/6/2018 passed by the District Magistrate Sikar under the Rajasthan Prevention of Anti-Social Activities Act, 2006 (hereafter 'the Act of 2006) whereby direction was issued to detain the petitioner-detenue.

(2.) The preventive detention was based on a report sent by the Superintendent of Police, Sikar on 29/6/2018 wherein the petitioner was classified as a "dangerous person" within the meaning of Sec. 2(c) of the Act of 2006. In the report, the Superintendent of Police observed that the detenue namely, Ajay Rinwa was involved in anti-social activities which being prejudicial to maintenance of public order, necessitated an order that he be detained. The District Magistrate taking note of the aforesaid found himself satisfied that Ajay Rinwa was a "dangerous person" as defined under Sec. 2(c) of the Act of 2006 and based on such satisfaction passed the order under Sec. 3(1) of the Act of 2006. The said order was approved by the State Government under Sec. 3(3) of the Act of 2006 and thereafter an opinion positive to the detention given by the Advisory Board, the order of detention was thus confirmed by the respondent State for a period of one year from the date of detention order i.e. 30/6/2018.

(3.) The petitioner-detenue has challenged the said detention order on manifold grounds.