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1999 Supreme(Raj) 476
Rajasthan High Court
Honble N.N. MATHUR & A.K. SINGH, JJ.
Teja Ram - Appellant
Versus
State of Rajasthan & Ors. - Respondents
D.B. Habeas Corpus Petition No. 2168 of 1999
Decided On : July 16, 1999
M.D. Purohit, Sr. Advocate, assisted by M.L. Shreemali, for Petitioner S.S. Bhandawat, Addl. Advocate General
Headnote:(a) National Security Act, Sec. 3(2) – Grounds of detention – The grounds of detention have to be framed simultaneously along with the detention order. (Para 7 & 8)(b) National Security Act, Sec. 3(3) and Constitution of India, Art. 22(5) – Continuous detention – Depriving of right to submit an effective representation – Grievance of not providing legible copies of the documents – Held – Detenu must make a demand for copy of such document and if he does not object forthwith, he can not be allowed to take advantage of his own omission. (Para 10)(c) National Security Act, Sec. 5-A r/w Sec. 3 – Where person has been detained in pursuance of the order u/Sec. 3, which has been made on two or more grounds, such ground shall be deemed to have been made separately – U/Sec. 5-A, the ground of detention are severable. (Para 11 & 12)(d) National Security Act, Sec. 3 – Distinction between ``Public Order and ``Law and Order – It is the potentiality of the act to disturb the even tempo of life of the community, which makes it prejudicial to the maintenance of the Public Order but if the contravention in effect is confined to few individual only, the contravention would raise the ``problem of law and order only. (Paras 16, 17 & 20)
(2). The Government of Rajasthan having regard to the circumstances prevailing i..e.. the anti social activities in various parts of the State and that certain undesi- rable elements acting prejudicial to the security of the State and prejudicial to the maintenance of the public order,with a view to prevent in effective manner by order dated 11.3.1999 in exercise of power under sub Sec. (3) of Sec.3 of the National Security Act, hereinafter referred to as `the Act directed all the District Magistrates in the State to exercise the power under sub Sec. (2) of Sec.3 of th e Act during the period from 11.3.99 to 10.6.99. By another notification dt.4.6.99, all the District Magistrates in the State of Rajasthan have been given powers under sub Sec.(2) of Sec. 3 of the Act for the further period from 11.6.99 to 10.9.99.
(3). Mr. R.N. Arvind, District Magistrate Barmer, by the impugned order, on being satisfied that the activities of detenu Teja Ram are prejudicial to the public order in exercise of powers under Sec. 4(2) of the Act, directed to detain him in Central Jail, Jodhpur. The order of detention was executed on 3.6.99 and since then, the detenu is in Central Jail, Jodhpur. The grounds of detention alongwith the documents were served on the petitioner under communication dated 5.6.99. The State Govt. in exercise of the powers under sub sec.(4) of Sec.3 of the Act has appro- ved the detention of the petitioner by order dated 11.6.99. It also appears from the record that on the same day i.e. 11.6.99, as required by sub Sec.(4) of Sec.3 of the Act the State Govt. has reported the fact of petitioner`s detention to the Central Government.
(4). The grounds of detention recorded by the District Magistrate, as communicated to the petitioner, show that he is involved in as many as fifteen criminal ca- ses registered at Police Station, Balotra and Gida since 1994 for the offences like voluntarily causing hurts, rioting, forming unlawful assembly, criminal house trespass, criminal trespass, mischief, intimidating persons, assaulting poor people and women of the locality and the village etc. The sponsoring authority namely Superintendent of Police, Barmer, alongwith his report, submitted documents i.e. challan papers F.I.Rs. and complaints from various corners of the town, showing that the detenu was indulged in terrorizing the people and preventing them from reporting the incident to the police. It was also reported by the sponsoring authority that the people are not coming forward to depose against him on account of his terrorising activities. The brief of the fifteen criminal cases are given as follows:
``1.C.R. No.112 dt.26.4.1995 under Sections 452, 323,379 and 427 IPC;
2. F.I.R. No.77 dt.13.6.96 under Secs.447,427,and 379 IPC, Police Station, Balotra;
3. F.I.R.No. 168 dt.8.6.96 under Secs.447and 435 IPC, Police Station, Balotra;
4. C.R. No. 242 dt. 5.8.96, under Secs. 147,149,427 and 379 IPC Police Station Balotra;
5. C.R. No. 247 dt. 6.8.96 under Secs. 447, 147 IPC, Police Station, Balotra;
6. F.I.R. No. 383 dt. 16.11.96, under Secs. 451 and 323 IPC, Police
Station, Balotra;
7. C.R. No. 3 dt.2.1.97 under Secs. 457 and 354 IPC, Police Station, Gida;
8. C.R. No. 166 dt. 3.5.97 under Sec. 380 IPC, Police Station, Balotra;
9. F.I.R. No. 304 dt. 24.8.97, under Secs. 379 and 447 IPC, Police Sta- tion, Balotra;
10. F.I.R. No. 257 dt. 24.7.98, under Secs. 447 and 379 IPC, Police Station, Balotra;
11. F.I.R. No. 41 dt. 2.2.98 under Secs. 147, 323 and 452 IPC and underSec.3 (1) (5) of the SC/ST Act, Police Station, Balotra;
12. Proceeding under Sec.3 of the Rajasthan Control of Gundas Act, 1975;
13. Complaint under Sec.107 and 116 Cr. P.C.;
14. Various enteries made in the Roznamcha from 9.4.1999 to 11.5.1999;
15. Various complaints of the ; i. Complaint by Arya Samaj, Balot
