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ARUN BHANSALI, RAJENDRA PRAKASH SONI
Mangi Kumari – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
Arun Bhansali, J.
This writ petition in the nature of habeas corpus has been filed by the petitioner questioning the validity of order dated 13.07.2022 (Annex.2), whereby the District Magistrate, Barmer, while exercising the powers under Section 3 of the Rajasthan Prevention of Anti-Social Activities Act, 2006 ('the Act'), has ordered for preventive detention of detenue's brother Bhera Ram S/o Sona Ram subject to approval by the State Government & opinion of the Advisory Board and order dated 21.09.2022 (Annex.3) passed by the Joint Secretary, Department of Home, whereby based on the opinion dated 25.08.2022 of the Advisory Board regarding availability of sufficient cause for the detention of the detenue, order has been passed confirming the detention order dated 13.07.2022 and has ordered that the detenue be kept in detention till 13.07.2023.
2. It is, inter-alia, indicated in the petition that the Superintendent of Police, District Barmer filed a complaint on 13.07.2022 with reference to provisions of Section 2 (b)(c) and Section 3 of the Act against Bhera Ram, inter-alia, indicating that conduct of Bhera Ram falls within the definition of 'dangerous person' as define
Preventive detention orders under the Rajasthan Prevention of Anti-Social Activities Act must comply with procedural requirements, including affording the detenu an opportunity for representation aft....
The detenue's right to make an effective representation against preventive detention is guaranteed under Article 22(5) of the Constitution of India. Failure to supply the material forming the basis o....
The detention order must be based on compelling reasons, and the detaining authority must supply all material forming the basis of the detention to enable effective representation. Failure to do so r....
Preventive detention under the National Security Act requires clear justification of public order disturbances, adherence to procedural safeguards, and can be validated by prior criminal history.
(1) Mere contravention of law such as indulging in cheating or criminal breach of trust certainly affects ‘law and order’ but before it can be said to affect ‘public order’, it must affect the commun....
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