RAKESH SAKSENA, J. - (1.) BY this petition filed under Article 226 of the Constitution of India, the petitioner prays for quashment of order dated 9th November, 2009 (Annexure P/1) passed by respondent no.3/District Magistrate, Bhopal and to quash the order dated 14.12.2009 (Annexure P/3) passed by respondent no.2/State of Madhya Pradesh and to revoke the detention order of his relative Athar S/o Babu Khan-detenu.
(2.) THE facts recited in the petition as well as in the return submitted by the respondent no.2/State, in brief, are that the petitioner's relative Athar has been detained by virtue of order dated 9th November, 2009 passed by respondent no-3/ District Magistrate Bhopal in exercise of powers conferred by sub section (2) of section 3 of the National Security Act (hereinafter referred to as the 'Act' for short). This order was confirmed by the order dated 14.12.2009 (Annexure P/3) passed by respondent no.2/State Government in exercise of powers confirmed under Section 12(1) of the Act after receiving the report from the Advisory Board. The detention of the detenu Athar is based on the grounds referred to in Annexure P/2 as follows: JUDGEMENT_2500_ILR(MP)_2010Image1.jpg JUDGEMENT_2500_ILR(MP)_2010Image2.jpg It has been mentioned in the detention order that the detention of the detenu is necessary for preventing his criminal activities, affecting the maintenance of public order and peace and tranquility of public at large.
(3.) LEARNED counsel for the petitioner has challenged his detention mainly on the ground that the grounds number 1 and 2 were stale as they pertained to the offences alleged to have been committed by him on 10.1.1998 and 16.5.2008 and that all the grounds right from ground number 1 to ground number 5 pertained to law and order and not to the maintenance of public order as they did not disturb the public tranquility at large. Per contra, in its return respondent/State submitted that the order of detention was passed by District Magistrate/Bhopal after being satisfied that the detention of Athar under the provisions of the Act was essential for maintenance of the public order. The Advisory Board as well as Govt. of M.P., Home Department confirmed the detention order after appreciating the facts. The grounds on which the detention order was passed were clear, relevant and pertained to disturbance of public order and not merely the law and order. Since there was continuity in commission of the offence by the detenu, grounds number 1 and 2 cannot be said to be stale.;