Rais Khan v. State of Chhattisgarh and Others - 2015 Supreme(Online)(Chh) 132

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2015 Supreme(Online)(Chh) 132

CHATTISGARH HIGH COURT
, J
Rais Khan v. State of Chhattisgarh and Others

Table of Content
1. detention order based on perceived communal threat. (Para 1 , 2 , 3)
2. challenge to the validity of the detention under legal grounds. (Para 4 , 5 , 6)
3. judicial standards for reviewing detaining authority's satisfaction. (Para 7 , 8)
4. statutory limits on detention duration must be adhered to. (Para 9 , 10 , 11 , 12)
5. detention orders exceeding limits are quashed. (Para 14 , 17 , 18)

1. This petition under Art.226 of the Constitution for issuance of writ of habeas corpus and for quashing the impugned orders dated 11/03/2014 passed by the District Magistrate, Durg and dated 18/09/2014 passed by the State has been preferred by the detenu (through his brother) who has been directed to be detained for a period of 12 months from 11/03/2014 i.e. the date of order passed by the District Magistrate.

2. The Superintendent of Police, Durg submitted a report before the District Magistrate to the effect that the petitioner is a habitual offender and has done such pre - determined and well designed acts which has infuriated communal passion resulting in serious damage to communal harmony inasmuch as the petitioner has made objectionable comments concerning the deities of a