Om Prakash @ Oma @ Jeevan Ram son of Bodu Ram – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
Manindra Mohan Shrivastava, J.
This habeas corpus petition under Article 226 of the Constitution of India has been filed by the petitioner assailing the correctness, legality and validity of order dated 07.12.2021 passed by the State after receipt of report of the Advisory Board dated 25.11.2021 in the matter of detention of the petitioner vide order dated 09.10.2021 passed by the District Magistrate, Sikar.
2. On 09.10.2021, the District Magistrate, Sikar, upon receipt of communication dated 08.10.2021 of the Superintendent of Police, District Sikar and upon scrutiny of documents and evidence, formed an opinion that the petitioner, Om Prakash @ Oma @ Jeevan Ram is actively involved in various criminal activities, which involve allegations of murder, attempt to murder, loot, dacoity, illegal transportation of liquor, rape, illegal possession of arms and, therefore, is a dangerous person as defined under Section 2, sub-section (c) of the Rajasthan Prevention of Anti-Social Activities Act, 2006 (for short ‘the PASA Act, 2006’). The District Magistrate, Sikar, on the basis of the material placed before it, formed an opinion that the petitioner is habitual in committing offence
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