- (1.)Writ Petition u/Art. 226 of the Constitution has been filed by Smt. Beena Devi on behalf of her husband (Kamal alias Kamal Deep Meena) (detenu) praying for quashing the detention order dated 31-12-2011 (Ann. 1) passed u/S. 3(1) of Rajasthan Prevention of Anti-social Activities Act, 2006 ("Act, 2006") & the order of confirmation dated 24-2-2012 (Ann.4) u/S. 13(1) of Act, 2006 detaining the detenu for a period of one year u/S. 14(1) from 31-12-2011 to 30-12-2012.
(2.)Only argument advanced in support of writ petition is infraction of Art. 22(5) of the Constitution of India. The material facts for the controversy raised are stated hereafter.
(3.)Kamal alias Kamal Deep Meena (detenu) was arrested on 30-12-2011 in relation to FIR 361/2011 of PS Shyam Nagar, Jaipur. Deputy Commissioner of Police (West) Jaipur submitted a report dated 30-12-2011 (Ann. Rl) against the detenu stating therein that the activities of the detenu are prejudicial to the maintenance of public order as defined in Explanation appended to S. 3 of Act, 2006. Taking note of detailed report of the DCP (West) Jaipur , the detaining authority after having considered the material and evidence made available by sponsoring authority (DCP) and recording its satisfaction that the detenu is a dangerous person as defined in S. 2(c) and a property grabber as defined in S. 2 (i) of Act, 2006 having been active and connected with criminal world while 18 criminal cases are registered against him for serious offences e.g. attempt to commit murder, kidnapping, riots, loot, causing damage to the property, criminal trespass, forcefully taking possession over the land etc. and since his activities have teen involved in criminal world over last long time, the detaining authority after being satisfied with respect to the detenu that with a view to preventing him from acting in any manner prejudicial to the maintenance of public order, it is imperative to make an order dt. 31-12-2011 directing that detenu be detained. The detenu was detained in pursuance of an order u/S. 3 of Act, 2006 and the grounds of detention along with documents were also served upon the detenu. The detaining authority vide letter dt. 3-1-2012 (Ann. R. 3) simultaneously reported the detention of detenu to the State Government together with grounds on which order of detention was made, seeking approval of detention order and the State Government vide order dt. 11-1-2012 (Ann. R. 4) approved the detention order dt. 31-12-2011.