Jaishree Thakur, J. - (1.) A writ in the nature of Habeas Corpus under Article 226 of the Constitution Of India has been filed seeking to challenge the order dated 27.1.2015 passed by the District Magistrate, Jaisalmer ordering detention of the petitioner and subsequent order dated 12.3.2015 affirming the said detention order.
(2.) THE present writ petition has been filed on behalf of the petitioner Hari Singh through his brother Shri Bhom Singh. It is contended that the petitioner has been detained in District Jail, Jaisalmer on the basis of an order dated 27.1.2015 issued by the District Magistrate, Jaisalmer while exercising powers under Section 3(2) of the Rajasthan Prevention of Anti -social Activities Act, 2006 (Act No. 1/2008) ( for short 'the Act of 2006'). Along with letter dated 27.1.2015, the petitioner was also supplied the reasons/grounds of detention. Subsequent to that, the petitioner was served with a letter dated 12.3.2015 issued by respondent nos. 1 and 2 affirming the detention order dated 27.1.2015. Aggrieved against the said order of detention dated 27.1.2015 and subsequent order affirming the detention order, the petitioner has filed the present writ petition submitting that he does not fall within the definition of Section 2(b),(c),(g),(h),(i) and (k) of the Act of 2006. It is contended that while exercising the powers under the Section, the respondent No. 3, namely, the District Magistrate has not applied his mind properly while issuing the order. It is further contended that there has been non -application of mind while passing the impugned order dated 12.3.2015 which is non -speaking order and in violation of the provisions of Section 3(3) of the Act of 2006. Notice of the writ petition was issued and the reply has been filed on behalf of the respondents controverting the pleas therein. It is submitted that the petitioner has been detained as per the provisions prescribed in the Act of 2006, since it has been found that the petitioner was indulging in theft of electricity supply cables. It was further submitted that as many as 21 theft cases have been registered against the petitioner under Section 136 of the Electricity Act. It was further submitted that besides the cases mentioned, the petitioner was involved in several other offences defined under Sections 143, 341, 355, 336, 427, 506, 392 and 307 IPC. The Superintendent of Police, Jaisalmer, prepared a list of the number of cases pending against the petitioner Hari Singh and then requested the District Magistrate, Jaisalmer to take appropriate action against the petitioner. After having gone through the record and after being satisfied that the petitioner is involved in several antisocial activities, as a result thereof, there is every likelihood of threat to the national security and public order request was made by the District Magistrate for the delegation of power to institute proceedings under the Act of 2006. The State Government, thereafter, authorised the District Magistrate, Jaisalmer to exercise the powers conferred under sub -section (1) of Section 3 of the Act of 2006, vide Notification dated 30.7.2014 which is placed on record as Annex. R/3. Subsequently, order dated 27.1.2015 was passed by the District Magistrate, Jaisalmer. The State Government being satisfied that the order passed by the District Magistrate, Jaisalmer was in accordance, approved the order of detention on 7.2.2015. As such, there is no infirmity with the order passed.
(3.) WE have heard the learned counsel for the parties and have perused the record of the case.;