Madhya Pradesh High Court
Yamna Patel vs The State Of Madhya Pradesh on 23 April, 2026
Author: Vijay Kumar Shukla
Bench: Vijay Kumar Shukla
NEUTRAL CITATION NO. 2026:MPHC-IND:11105
1 WP-9513-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
&
HON'BLE SHRI JUSTICE ALOK AWASTHI
ON THE 23rd OF APRIL, 2026
WRIT PETITION No. 9513 of 2026
YAMNA PATEL
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Manish Kumar Vijaywargiya learned counsel for the petitioner.
Shri Shrey Raj Saxena, learned counsel for the respondent/state.
Shri Devdeep Singh, learned counsel for the respondent no.2.
ORDER
Per: Justice Vijay Kumar Shukla In the instant petition filed under Article 226 of the Constitution of India, the petitioner has challenged the order on basis of report submitted by the respondent no. 5 torespondent no. 4 seeking action against the petitioner's son -- Amjad Patel Urf Bakra under section 3(2) of National Security Act 1980; respondent no. 4 passed the impugned order dated 22/08/2025 (Annexure P-1) U/s 3(2) of National Security Act 1980 and detained petitioner's son in Central Jail Indore. Further the respondent no. 3 passed impugned orders dated 04/11/2025 (Annexure P-2) & 18/02/2026 (Annexure P-3) respectively by which petitioner son's detention period is being extended for a period of 3-3 months i.e., from 23/11/2025 to 23/02/2026 and Signature Not Verified Signed by: SOURABH YADAV Signing time: 23-04-2026 17:01:29 NEUTRAL CITATION NO. 2026:MPHC-IND:11105 2 WP-9513-2026 from 23/02/2026 to 23/05/2026 respectively. That, impugned orders are passed by both respondent no. 3 and 4 in violation of provisions of National Security Act 1980 and in violation of law established by Hon'ble Apex Court and High Court of Madhya Pradesh in catena of judgements.
Learned counsel for the petitioner argued that the detaining authority has not mentioned the period of detention in the order itself as required under the provisions of sub-section 3 of section 3 of National Security Act, 1980.
Learned counsel for the respondent supported the order and submitted that though the period of detention was not mentioned by the detaining authority, however, subsequently while extending the order of detention, the period was specified, and the detention has not continued for maximum limit as prescribed under the Act, therefore, the order cannot be quashed on the said ground.
After hearing learned counsel for the parties and taking into consideration the law in this regard, the mentioning of the period of detention has to be held mandatory and it has been held that if it is not mentioned the order vitiates. In the case of Commissioner of Police and Anor Vs. Gurubux Anandram Bhiryani reported in 1988 (supp) SCC 568, the court held that the non-mentioning of the period in the detention order vitiates the order of detention. The similar view has been taken by the co-ordinate bench in the case of Bhaiya @ Bhaiyalal @ Arvind Vs. State of MP reported in 2013 (2) JLJ 300, where the co-ordinate bench after considering the said provisions has held that the order of detention has to be passed for a specific period. Another Division Bench in the case of Pradeep Vs. State of MP and Ors Signature Not Verified Signed by: SOURABH YADAV Signing time: 23-04-2026 17:01:29 NEUTRAL CITATION NO. 2026:MPHC-IND:11105 3 WP-9513-2026 reported in 2016 (1) JLJ 252, reiterated the same view. The Division Bench of this Court after considering the aforesaid judgments has quashed the detention order on the said ground in the case of Satyanarayan Vs. State of MP and Ors passed in WP No.5132/2023.
In view of the aforesaid settled proposition of law in regard to the mentioning of period of detention in the detention order, we quash the order impugned dated 22/08/2025; 04/11/2025; 18/02/2026 and also consequential orders. The petitioner shall be released forthwith.
With the aforesaid, the present petition stands disposed of.
(VIJAY KUMAR SHUKLA) (ALOK AWASTHI)
JUDGE JUDGE
Sourabh
Signature Not Verified
Signed by: SOURABH
YADAV
Signing time: 23-04-2026
17:01:29