CHANDAN Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioner being aggrieved with the orders dated 7 th July, 2011 and 30 th August, 2011 passed by the respondent No.1 and 2 under the provisions of the National Security Act, 1980 (for short "the Act") has filed the present Writ Petition.

(2.) In brief, the petitioner's case is that an FIR was registered against the petitioner on 12/4/2011 on the basis of which the petitioner was arrested on 2/7/2011 and was kept in Bherugarh Jail, Ujjain. When the petitioner was in custody, the order dated 7/7/2011 was passed by the respondent No.2, District Magistrate,2 Ujjain under Section 3(2) read with (3) of the Act, directing the detention of the petitioner. The petitioner was supplied the grounds of detention showing that said detention order was passed on the basis of the FIR registered on 12/4/2011 and three rojnamcha entries dated 16/6/2011, 29/6/2011 and 30/6/2011. The petitioner had submitted the representation before the Advisory Board constituted under Section 9 of the Act and on the basis of the report of the Advisory Board, the respondent No.1 has passed the order dated 30/8/2011, confirming the order of detention passed by respondent No.2 and directing the detention of the petitioner for a period of 12 months till 6/7/2012.

(3.) A reply has been filed by the respondents taking the plea that the petitioner has criminal back ground and is involved in the anti social activities thereby causing fear and terror to the general public. It has further been stated that various FIRs have been lodged against the petitioner, his brother and other co-accused persons since 2006 and cases are pending against them and though reports have been received in respect of the commission of offence by the petitioner but due to his terror general public is afraid to lodge FIR against him. The order of detention is sought to be justified on the ground that the activities of the petitioner had led to the problem of public order.