A.K. Shrivastava, J.

1. By filing this petition under Articles 226 and 227 of the Constitution of India the detenu petitioner has challenged the pregnability of the order passed by the District Magistrate, Gwalior (respondent No. 2) taking the petitioner in detention under Section 3(2) of the National Security Act, 1980 (in short 'the Act').

2. Vide order dated 23rd April, 2009 (Annexure P-1) passed in Case No. NSA/07/2009 by exercising powers conferred to the District Magistrate under Section 3 (2) of the Act, the petitioner has been detained because his liberty is prejudicial to the maintenance of public order.

3. The Superintendent of Police (respondent No. 3) vide its letter dated 31-3-2009 (Annexure R-1) submitted and informed the District Magistrate that looking to the criminal and antisocial activities of the petitioner resulting into disruption of tempo of life of public at large, it is recommended to proceed against him under the provisions of the Act. In the said letter, not only the details of 14 cases were highlighted, but a separate list indicating the criminal record of the detenu was annexed.

4. On receiving the said recommendation of Superintendent of Police, Gwali