1. This petition is filed against the order dated 15.11.2018 (Annexure P-2) passed by the District Magistrate, Jabalpur directing detention of the petitioner under section 3(2) of the National Security Act, 1980 and sent the petitioner to Central Jail, Jabalpur for three months.

2. According to the petitioner, on the representation of the Superintendent of Police, Jabalpur, the District Magistrate, Jabalpur passed detention order under section 3(2) of the National Security Act and as such, the petitioner is in detention since 15.11.2018. The detention of the petitioner is illegal. The petitioner has been forcefully detained in prison. He has not committed any crime after 2013-14. Accordingly, it is submitted that the petitioner was sent to jail owing to Assembly Election, 2018 and as the election is over, the petitioner is seeking his release by quashing the impugned order of the District Magistrate.

3. According to the objection of the State Government, the petitioner has not filed any representation in accordance with section 8 of the National Security Act, 1980 to appropriate authority and directly approached this Court. The petitioner is a hardcore criminal involved in criminal activities since 2004-05 and he has disturbed the peace of the locality. The petitioner is stated to be involved in serious and severe criminal activities and public peace has been disturbed by his activities. It is also stated that there are cases of attempt to murder, extortion and gambling against the petitioner. There are cases of having unlawful armaments and explosive substance against him, thereby he violated section 188 of M.P. Rajya Suraksha Adhiniyam. There is no improvement in the temperament and conduct of the petitioner despite warning by the authorities and the Courts. Thereafter, the Superintendent of Police made representation before the District Magistrate for taking action under section 3(2) of National Security Act against the petitioner. It is further submitted that on perusal of the representation and the report of the Superintendent of Police, the District Magistrate passed an order of detention unless he will be disturbing the public peace. It is also submitted that the order passed by the District Magistrate has been affirmed by the State Government vide order dated 29.11.2018. The petitioner is a habitual criminal involved in criminal activities since long. As such, the impugned order does not suffer from any illegality.

4. Heard the learned counsel for the petitioner as well as the learned Government Advocate.

5. Section 8 of National Security Act, 1980 reads as follows :

" 8 . Grounds of order of detention to be disclosed to persons af ected by the order- (1) When a person is detained in pursuance of a detention order, the authority making the order shall, as soon as may be, but ordinarily not later than five days and in exceptional circumstances and for reasons to be recorded in writing, not later than ten days from the date of detention, communicate to him the grounds on which the order has been made and shall af ord him the earliest opportunity of making a representation against the order to the appropriate Government.

(2) Nothing in sub-section (1) shall require the authority to disclose facts which it considers to be against the public interest to disclose."

6. Further, section 3(2) of National Security Act, reads as follows:

"3. Power to make orders detaining certain persons - (2) The Central Government or the State Government may, if satisfied with respect to any person that with a view to preventing him from acting in any manner prejudicial to the security of the State or from acting in any manner prejudicial to the maintenance of public order or from acting in any manner prejudicial to the maintenance of supplies and services essential to the community it is necessary so to do, make an order directing that such person be detained."

7. On perusal of the order passed by the District Magistrate, it is seen that