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2012 Supreme(MP) 380

SHANTANU KEMKAR, PRAKASH SHRIVASTAVA
Bhagwan Singh @ Choti – Appellant
Versus
State of M. P. – Respondent


Advocates:
Rahul Vijayvargiya for petitioner; Ms. Mini Raveendran, Deputy Government Advocate for respondents/State.

ORDER

Shantanu Kemkar, J. 1. With consent, heard finally.

2. By this petition, under Article 226 of the Constitution of India, the petitioner has challenged his detention order dated 18.01.2012 (Annexure P1) passed by the District Magistrate, Ujjain and also the order dated 25.02.2012 (Annexure P3) passed by the State Government by which the order of detention passed by the District Magistrate, Ujjain has been confirmed.

3. On being satisfied that it is necessary to detain the petitioner with a view to prevent him from acting in a manner prejudicial to the maintenance of public order the District Magistrate in exercise of his powers under section 3(2) of the National Security Act, 1980 (for short, the Act) issued an order dated 18.01.2012 (Annexure P1) detaining the petitioner for a period of one year and was served with the grounds of detention. After receiving the report in affirmative from the Advisory Board, the State Government passed the order dated 25.02.2012 under section 12 of the Act (for short, the Act).

4. Undisputedly, on 18.01.2012 the date of passing of the order of detention, he was already in Jail, as would be clear from the order dated 08.01.2012 (Annexure P2) pas









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