Narendra Kumar Jain, J. - (1.) Since a common question is involved in the above bunch of writ petitions, therefore they were heard together and are being disposed of by this common order.
(2.) In all the writ petitions, the petitioners have challenged the Notification dated 18.8.2008 issued by the Government of Rajasthan, Home (Gr.IX) Department, whereby the State Government authorised the District Magistrates of all districts within the State of Rajasthan to exercise the powers conferred by sub-section (1) of Section 3 of the Rajasthan Prevention of Anti-Social Activities Act, 2006 within their respective jurisdiction.
(3.) The learned counsel for both the parties admit that the above bunch of writ petitions are covered by the judgment dated 5.10.2009 passed by Coordinate Division Bench of this Court, wherein one of us (Hon'ble Mr. Justice R.S. Rathore) was one of the member of the Bench in Habeas Corpus Writ Petition No. 13569/2008, Anil Nayak (Pilani) v. State of Rajasthan & Ors. and connected eight other writ petitions. The Division Bench has quashed the impugned Notification dated 18.8.2008 as being illegal and invalid and consequently also set aside the order passed by District Magistrates under the provisions of PASA Act, 2006. The operative portion of the above referred judgment dated 5.10.2009 reads as under: We are therefore of the opinion that the very authorisation under the notification dated 18.8.2008 is illegal and invalid - on the basis whereof, District Magistrates of Jaipur, Kota, Jhunjhunu, Sawai Madhopur and Alwar had no jurisdiction and could not have exercised powers of detaining authority under Section 3(1) of PASA Act. In consequence whereof, the very orders of detention impugned herein passed against the detenu, to whom present habeas corpus petitions relate, cannot be said to be legally sustainable and deserve to be set aside. In such view of the matter, the other grounds of challenge taken up by the Counsels for the petitioners need not be taken up by us. Before parting with this judgment, we may reiterate while observing that analogous notification, as impugned herein was issued by State Government under Section 3(2) of National Security Act, 1980 conferring powers of detaining authority upon all the District Magistrates had come up for consideration in Ram Singh v. State of Rajasthan, 1993 (2) RLR 375 and this Court observed that such general authorisation upon all District Magistrates conferring powers of detaining authority cannot be held to be justified and is not in consonance with the provisions of preventive laws. Again, similar notification had been issued by the State Government on 6.12.2001 in exercise of powers under Section 3(2) of National Security Act conferring powers upon all District Magistrates which was examined by this Court in Aruna Bano v. State of Rajasthan, 2003 (3) R Cr Cases 1226 . Despite of two consistent judgments of this Court laying down the principles on the issue, the State Government having not taken note whereof, yet committed illegality in issuing the notification dated 18.8.2008 under Section 3(2) conferring general powers upon all District Magistrates to exercise powers of detaining authority under Section 3(1) of PASA Act. It is, therefore, enjoined upon the State Government to take note of the precedents laid down before taking any action under the preventive law. In Ram Singh v. State (supra), this Court further observed that State Government must seriously consider to establish an independent section to deal with matter of detention, which would compile complete case law so as to act in accordance with it and the detaining authority must apply its independent mind. But it appears that despite consistent view of this Court, still the State Government has not taken care to establish an independent section dealing with matters of preventive detention. VJ/e hope and trust that State Government will take it seriously and avoid recurrence of such errors in future. Consequently, these nine habeas corpus petitions succeed and are hereby allowed. Notification dated 18.8.2008 pertaining to jurisdiction of districts namely Jaipur, Jhunjhunu, Alwar, Kota, and Sawai Madhopur conferring powers under Section 3(2) of PASA Act upon their District Magistrates are hereby quashed and set aside - as a consequence whereof, orders impugned herein as well as consequential approval whereof passed by State Government pertaining to preventive detention of detenue (1) Anil Nayak, (2), Zimmi @ Jumma, (3), Dependra @ Rahul, (4), Rajesh @ Raju Pandit, (5), Kuldeep Singh @ D.C., (6) Parmanand @ Gajju, (7) Jitu @ Jitendra, (8) Lala @ Rajeev, and (9) Shankar Jangam are quashed and set aside. Accordingly, afore named detenu be released forthwith if not required to be detained in connection with any other case. A copy of this order be sent to the Chief Secretary and Principal Secretary Home Department (respondent-1), Govt, of Rajasthan for compliance.;