( 1 ) THIS petition under Articles 226 and 227 of Constitution of India, has been filed by the mother of the detenu Mohd. Abid, challenging his detention under the National Security Act, 1980 (hereinafter referred to as 'act' for short ).

( 2 ) THE facts as laid out in the present petition in brief are, that the detenu Mohd. Abid is a tailor by profession and is not a habitual criminal. He has been involved in false cases. A petty criminal case in the year 1995, was registered against him, by Police Moghat Road, Khandwa, for offences under Sections 341, 294 and 506 of the Indian Penal Code. The detenu was acquitted in the said trial. The order of detention dated 18-5-1999 (Annexure P/1) was issued by District Magistrate, East Nimar, Khandwa under sub-section (2) of Section 3 of the 'act'.

( 3 ) THE District Magistrate in compliance of Sec. 8 of the 'act' intimated the detenu of the grounds of his detention as per Annex. P/4. In para 2 of annex. P/4 it has been stated that the detenu had been indulging in criminal acts and unsocial activities since the year 1995, and despite action having been taken under the Criminal law, he did not show any improvement in his criminal tendency. By his deeds, he has been disturbing law and order as well as public order of the town of Khandwa since 1995. The matters in which the detenu was involved have been enumerated in para 3 which are as below :- (I) On 26-8-1995, he had abused and threatened Ahmad Khan regarding which Crime No. 326/95 was registered by police Moghat Road, Khandwa, under Sections 341, 294 and 506 of Indian Penal Code. A charge sheet was filed in the Competent Court regarding the said offences. (II) On 6-5-1998, the detenu pelted stones at Devidas, due to which he sustained grievous injuries. Police Kotwali, Khandwa, registered Crime No. 251/98 for offences under Sections 336, 426 r/w Sec. 34 of Indian Penal Code. A challan regarding the said offences was filed in the Competent Court. (III) On 28-4-1999, the detenu pelted stones on the house of Shivlal, on account of which he sustained injuries and the incident also resulted in loss of his property. Police Kotwali, Khandwa registered Crime No. 212/99 for offences u/s. 427, 147 and 336 of I. P. C. (IV) On 28-4-1999, 'muharram' procession was proceeding and reached Sarafa point. Members of the Muslim community were shouting slogans. In reply, the members of Hindu community also raised slogans. This resulted in communal tension between the two communities. The mischievous elements of Muslim community including the detenu started pelting stones, resulting in loss of property. Police Kotwali, Khandwa, registered Crime No. 213/99 for offences u/s. 147, 148, 336, 337 and 427 of Indian Penal Code, regarding the said incident. (V) On 29-4-1999, at the time of marriage of sister of Harish Soni, the detenu along with his accomplices set fire on tents set up for the said marriage and pelted stones. Police Kotwali registered Crime No. 215/99 for offences u/s. 147, 148, 336 and 435 of Indian Penal Code, which is under investigation. (VI) On 29-4-1999, the detenu along with others pelted stones at the Radha-Krishna temple in order to cause hurt to the religious feeling of Hindu community. In the said incident several persons including Sunita Bai Soni, Navin Soni as also Police-men got injured. Police Kotwali, Khandwa, registered Crime No. 216/99, for offences u/ss. 295, 147, 148 and 336 of the Indian Penal Code. (VII) On 29-4-1999, the detenu along with other accomplices pelted stones at Sunil Sharma resulting in injuries to his person as well as damage to his Maruti Car. Police Moghat Road, Khandwa registered Crime No. 156/99, for offences u/ss. 147, 336, 337 and 427 of Indian Penal Code. (VIII) On 29-4-1999, the detenu along with others pelted stones at 'sai temple in the hospital campus with an intent to cause hurt to the religious feelings of a particular community. In the said incident, the photo of 'sai-Baba' was br