SHAHAJAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Detenu Shahajad S/o Rasid has filed this petition through his advocate Shri S.L. Nagar for assailing the detention order passed by the District Magistrate, Indore dated 16-4-2001 by which detenu Shahjad S/o Rasid R/o 6, Bandra Compound, Chhoti Gwal Toli, Indore, has been detained in view of provisions of Section 3(2) of the National Security Act, 1980 (hereinafter referred to as "NSA" for conveniene).

(2.) Few facts need to be stated for the purpose of unfolding the matter and for better understanding it. It appears from the record that the District Magistrate Indore, got the information that detenu Shahjad S/o Rasid was active worker of Student of Islamic Movement of India (SIMI) and was engaging himself in such activities which were likely to create communal tension at Indore which was likely to cause prejudice to the maintenance of public order. He got the information that the detenu was sticking posters at various places which were exhibiting the speeches of Osma Bin Laden, Saiyyad Salauddin. It is alleged by the detaining authority that the detenu was having relations with ISI and one Khuram Khan Imamat who happens to be a Pakistani citizen. The detaining authority also alleged that the petitioner-detenu created obstructions in arrest of his colleagues named Anwar. Muvin Nagori Farukh, Ajij Jafar. All those activities have been described in detail in the detention order dated 16-5-2001 which has been annexed as Annexure R/2 to the Return filed by the respondents.

(3.) After the detention of the detenu- petitioner as per respondents' case, the detention order was served on the detenu on 16-5-2001, informing him the grounds of detention on the same date. On 25-6-2001, the case of detention of the detenu was sent to the State Government for approval and on 28-5-2001 the State Government approved the detention of the present detenu. On 29-5-2001 the report was submitted to the Central Government and on 30-5-2001 a reference was made to the Advisory Board.