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1 - 8 of 8 (0.29 seconds)Rajasthan Prevention of Anti-Social Activities Act, 2006
Ram Kishan Singh vs Harmit Kaur And Anr. on 9 December, 1971
(1)DBCivil Writ Petition No.6123/2012
(Kishan Singh v. State & Anr.)
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Being authorised by the notification dated 20.1.2012,
the District Magistrate, Jalore passed an order of detention
against Mahendra Singh son of petitioner Shri Kishan Singh on
3.2.2012. The District Magistrate considered certain alleged
criminal acts and arrived at the conclusion that Mahendra Singh
is a "dangerous person", as such his detention is in public
interest.
Bhai Jaspal Singh & Anr vs Assistant Commnr., Commercial Taxes ... on 22 October, 2010
(4)DBCivil Writ Petition No.5118/2012
(Jaspal Singh v. State & Ors.)
This petition for writ is preferred to assail the order
of detention passed by the Collector, Pali to detain Shri Surendra
Singh, brother of the petitioner. The order of detention was
passed on arriving at a conclusion that Surendra Singh is a
"dangerous person". The District Magistrate exercised the
powers to detain a person as per Section 3(1) of the Act of 2006
having authority to do so as per notification dated 9.1.2012
issued by the State Government
The argument advanced by counsel for the
petitioners is that the authority to pass an order of detention as
per Section 3(1) of the Act of 2006 could have been given to the
District Magistrates by the State Government only after getting
satisfied that the circumstances prevailing or likely to
prevail in any area within the local limits of the
jurisdiction of such District Magistrates demand to confer
him with the powers under Section 3(1). The State Government
without having any material to satisfy itself with regard to the
circumstances prevailing and likely to prevail to exercise
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the powers under Section 3(2) of the Act, delegated its authority
to the District Magistrates concerned. The notifications issued by
the State delegating powers to the District Magistrates, thus, are
not in consonance with the spirit and thrust of the provisions of
Section 3(2) of the Act of 2006, therefore, are bad and
inoperative. The orders of detention passed under the authority
of an illegal order, therefore, are also bad.
The National Security Act, 1980
Aruna Bano vs State Of Rajasthan And Ors. on 11 February, 2003
15. Almost same analogous provisions where (sic)
notification was issued by State Government on
06/12/2001 conferring powers of upon district
magistrate or Commissioner of Police U/s 3(2) of
National Security Act, 1980, came up for
consideration before Division Bench of this Court in
Aruna Bano v. State (2003(3) RCC 1226, ibid) and
taking note whereof, it was observed ad infra:
Bansi Lal Ganpat Rai vs Bhoj Raj And Anr. on 3 June, 1980
(2)DBCivil Writ Petition No.6125/2012
(Smt. Ganpat Bano v. State & Anr.)
Shri Ismail Khan, husband of the petitioner has been
detained under an order dated 3.2.2012 passed by the District
Magistrate, Jalore being considered as a "dangerous person".
The District Magistrate, Jalore exercised powers under Section 3
(1) of the Act of 2006 being authorised to do so under a
notification dated 20.1.2012.
Lakhvinder Kaur vs State Of Punjab And Others on 16 May, 2011
(3)DBCivil Writ Petition No.5142/2012
(Smt. Lakhvindra Kaur v. State & Ors.)
This petition for writ is preferred by wife of the
detenu to challenge the order of detention dated 3.1.2012
passed by the District Magistrate, Sriganganagar on being
satisfied that detenu Mana Singh was acting in the manner that
is adversely affecting public order. The order of detention was
passed by the District Magistrate on acquiring authority under a
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notification dated 21.12.2011 issued by the State Government
exercising powers under Section 3(2) of the Act of 2006.
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