The continuing tendency of the detenue to affect public order and the concept of preventive detention were central legal points established in the judgment.

Judgment

Alok Aradhe, J.:-

In this writ petition, the petitioner has challenged the validity of the order dated 17-3-2012 passed by the District Magistrate by which petitioner has been detained under Section 3 (2) of the National Security Act, 1980 (for short 'the Act').

2. As per the case setforth by the respondents in the return, the Superintendent of Police, vide memorandum, dated 14-3-2012 informed the District Magistrate, Jabalpur about the criminal activities and involvement of the petitioner in several criminal cases since 1991, which are prejudicial to the public order. The District Magistrate by the aforesaid memorandum was informed that the petitioner is a habitual offender and has formed a gang, which is in possession of dangerous weapons and explosives. The petitioner alongwith his gang is repeatedly committing serious crimes and that the petitioner has made criminal activities, means of his livelihood and has earned crores of rupees and has started using the money to eliminate other criminals in the city in order to create monopoly of his gang in the criminal activities in city. It was also stated in the memorandum that on account of criminal activities of the petitioner, there is an atmosphere of fear in the locality. The petitioner, with the help of his son and gang formed by him, tried to disturb the communal harmony of the city and that the petitioner is having history of committing serious crimes, including murder, gang war and to provoke riots between the two communities. Due to the activities of petitioner, there is an atmosphere of terror in the city and no victim comes forward, even to lodge a report, against the petitioner in the Police Station. The memorandum further states that on earlier occasions also, preventive actions were taken against the petitioner under different Laws but no improvement was observed so far as the involvement of the petitioner in criminal activities is concerned.

3. It has further been stated in the return that in the criminal cases, where the petitioner was acquitted, it can easily be seen that witnesses turned hostile in the Court of Law as no witness dared to depose anything against the petitioner and the petitioner got acquitted even in the case in which offences were committed by him in broad day light and at public place and in full public view. In the return, it has further been averred that the petitioner has formed a gang and the police has prepared the record of the criminal activities in which the gang formed by the petitioner is involved. The aforesaid confidential report of the Police Department was also placed before the District Magistrate. It has further been averred that though the son of the petitioner, against whom warrant of arrest was issued on 16-8-2007 in compliance of the order passed under Section 3 (2) of the National Security. Act, could not be executed as he was under the unlawful protection of the petitioner. As soon as the 'petitioner was arrested, his son was also arrested by the Police within a period of three days.

4. In the additional return, which has been filed on behalf of the respondents, it is stated that the Police Authorities have collected the details of offences committed by the gang formed by petitioner, which show that more than 103 crimes have been committed by said gang, not only in Jabalpur District, but even in the surrounding districts as well. It has further been averred that the preventive proceedings under Sections 107 and 116 of the Code of Criminal Procedure were initiated against the petitioner in the year 2010, as there was possibility that the petitioner may commit breach of peace or disturb the public tranquility, because on 24-9-2010, the judgment in respect of Babri Masjid case was to be delivered by Allahabad High Court. Similarly, in 2012 a complaint was received that the petitioner and one Rais Wali were trying to provoke the feelings of particular community in Khuda Baksha Masjid situated in Omti and, therefore, proce