DWARKA PRASAD GUPTA, J. - (1.) THIS is a petition of habeas corpus by Babu Khan, who has been detained under Sub -section (2) Section 3 of the National Security Act, 1980 (Central Act No. 65 of 1980) (for short 'the Act' here in after).
(2.) THE District Magistrate, Jodhpur passed an order on September 12, 1984 under Sub -section (2) of Section 3 of the Act stating that he was satisfied that the detention of Babu Khan was necessary with a view to prevent him from acting in any manner prejudicial to the maintenance of public order. The validity of the detention order passed by the District Magistrate, Jodhpur has been challenged by the petitioner. The District Magistrate, Jodhpur, while passing the detention order dated September 12, 1984, relied on the following 9 instances, on the basis of which his satisfaction rested: (1) that on July 9, 1982, Dr. Jitendra Sodi of Ratanada, Jodhpur filed a complaint that while he was on duty, some persons brought a child for treatment but when he found that the child was already dead he thought it necessary to report the matter to the police, then Babu Khan and his companion interfered in the performance of his duties and belaboured him with a view to take away the head body of the child by force without giving information to the Police. A case under Sections 353 and 332 I.P.C. was registered against Babukhan and his companion and is pending in the Court of Judicial Magistrate No. 3, Jodhpur; (2) that on September 18, 1982 Babukhan along with other accomplices caused injuries by hurling stones and beating with Lathies to the brothers of Kailash Gehlot, in an organised manner, on the main road leading from Ghantaghar and in respect of that occurrence, a case under Sections 147, 148, 149, 336 and 323 I.P.C. was registered and is pending in the Court of Judicial Magistrate No. 5, Jodhpur; (3) that on August 18, 1983, Babukhan along with his companion stopped the complainant Shaitansingh on the way and inflicted blows with hockey sticks and lathies in Makarana Mohalla, Jodhpur, and in respect of that occurrence, a case under Sections 147, 148, 149, 323 and 341 I.P.C. was registered against Babukhan and his companion and is pending in the Court of Judicial Magistrate No. 5, Jodhpur; (4) that on August 29, 1983, Babu Khan along with his companion stopped complainant Om Prakash on the way and belaboured him, in respect of which a case under Sections 147, 148, 149 and 324 I.P.C. was registered and is pending in the Court of Judicial Magistrate No. 5, Jodhpur; (5) that on November 1, 1983, Babu Khan along with his companion attacked Om Prakash and Ors. with hockey sticks and swords and a case under Sections 148, 149, 323 324, 325, 326 and 307 I.P.C. and Section 25 of the Arms Act was registered and is pending in the Court of Chief Judicial Magistrate, Jodhpur; (6) that on December 6, 1983, Babu Khan along with his companion forcibly stopped complainant Rawal on the way while he was returning from the Roadways Bus Stand and caused injuries to him, in respect of which, a case under Sections 323 -and 341 I.P.C. was registered and is pending in the Court of Judicial Magistrate No. 4, Jodhpur; (7) that on December 9, 1983, Babu Khan along with his companion stopped complainant Madanlal on the way and inflicted injuries upon him, in respect of which, a case under Sections 323 and 341 I.P.C. was registered and is pending in the Court of Judicial Magistrate No. 4, Jodhpur; (8) that on March 18, 1984, Babu Khan along with his companion assaulted Jai Prakash on the road near the temple of Teejaji and a case under Sections 148, 149, 324, 341 and 307 I.P.C. was registered and is pending trial before the Judicial Magistrate No. 5, Jodhpur; and (9) that on July 13, 1984, while Police Constable Roopsingh went to the house of the accused along with constable Narpatsingh to serve a warrant of arrest upon him, the detenue Babukhan assaulted Roop Singh with a knife. In respect of this incident, a case under Sections 324, 332, 353 and 307 I.P.C. was registered and is pending in the Court of Judicial Magistrate No. 5, Jodhpur. The District Magistrate also noted that on August 8, 1983, proceedings under Section 107 Cr. P.C. were initiated against the detenue by the City Magistrate, Jodhpur which were pending. Further, it was also noticed by the District Magistrate, while passing the detention order, that on December 24, 1983, proceedings under Section 110 Cr. P.C. were initiated against the detenue by the City Magistrate, Jodhpur and the same were pending. Thereafter on February 24, 1984, proceedings under Sections 3/7 of the Rajasthan Gunda Control Act, 1975 were also initiated against the detenue Babukhan, which were also pending before the District Magistrate, Jodhpur.
(3.) LEARNED counsel appearing for the detenue submits that in respect of the instances which took place on November 1, 1983, March 18, 1984 and July 13, 1984 charges in respect offences under Section 307 I.P.C. were dropped on the ground that no injuries were caused on the vital parts of the body, but it is not denied that the criminal cases in respect of the aforesaid nine instances were pending against the petitioner (detenue) before various criminal courts at Jodhpur.;