TEJA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of this Habeas Corpus Petition under Art. 226 of the Constitution of India, petitioner detenu Teja Ram seeks to challenge the order of his detention dated 2-6-1999.

(2.) The Government of Rajasthan having regard to the circumstances prevailing i.e. the anti-social activities in various parts of the State and that certain undesirable elements acting prejudicial to the security of the State and prejudicial to the maintenance of the public order with a view to prevent in effective manner by order dated 11-3-1999 in exercise of power under sub-sec. (3) of S. 3 of the National Security Act, hereinafter referred to as 'the Act', directed all the District Magistrates in the State to exercise the power under sub-sec. (2) of S. 3 of the Act during the period from 11-3-99 to 10-6-99. By another notification dt. 4-6-99, all the District Magistrates in the State of Rajasthan have been given powers under sub-sec. (2) of S. 3 of the Act for the further period from 11-6-99 to 10-9-99.

(3.) Mr. R. N. Arvind, District Magistrate, Barmer, by the impugned order, on being satisfied that the activities of detenu Teja Ram are prejudicial to the public order in exercise of powers under S. 4(2) of the Act, directed to detain him in Central Jail, Jodhpur. The order of detention was executed on 3-6-99 and since then, the detenu is in Central Jail, Jodhpur. The grounds of detention along with the documents were served on the petitioner under communication dated 5-6-99. The State Govt. in exercise of the powers under sub-sec. (4) of S. 3 of the Act has approved the detention of the petitioner by order dated 11-6-99. It also appears from the record that on the same day i.e. 11-6-99, as required by sub-sec. (4) of S. 3 of the Act, the State Govt. has reported the fact of petitioner's detention to the Central Government.