JAGDISH PRASAD PASTARIYA Vs. STATE OF M P

JUDGEMENT

(1.) In the instant writ petition, petitioner has challenged the validity of the order of the District Magistrate, District Raisen(MP) dated 5.5.2009 detaining his son Ram Kumar Pastaria under sub-section (2) of Section 3 of the National Security Act, 1980 {hereinafter referred as to 'Act') with a view to preventing him from acting in any manner prejudicial to the maintenance of public order. The petitioner has also challenged the order of the State Government dated 29th June, 2009 approving the order of detention dated 5.5.2009 and directing to detain him for a period of 12 months from the date of his detention.

(2.) Respondents have appeared and filed their counter affidavit which is on record. It appears from the grounds of detention that the son of the petitioner was involved in number of crimes and because of his criminal backgrounds an atmosphere of terror was prevailing due to which nobody was ready to depose against him and, therefore, the District Magistrate acting on the report on the report sent by the Superintendent of Police, and having been satisfied with the material on record passed the impugned order of detention. As per the grounds of detention, the detenue alleged to have been involved in the following cases: <FRM>JUDGEMENT_1128_ILR(MP)_2010Html1.htm</FRM>

(3.) The last incident which appears to be the main reason for taking recourse of preventive detention is alleged to have been taken place on 2nd-3rd April, 2009. It has been alleged that the son of the petitioner fired on Hari Singh as a result of which he sustained gunshot injury and also forcibly looted Rs.1,49,530/-. It has also been alleged that on account of the said incident, it was necessary to detain petitioner's brother under the Act to maintain public order as well as law and order.