Indian Kanoon - Search engine for Indian Law

Per: Justice Sushrut Arvind Dharmadhikari Heard finally with the consent of both the parties.

2. The instant Writ Petition Petition under Article 226 of the Constitution of India has been filed by the father of the detenu in the nature of Habeas Corpus assailing the order of preventive detention passed by the District Magistrate, Betul on 11.07.2024 (Annexure P/1) by exercising powers under section 3(2) of the National Security Security Act, 1980 (for brevity 'the NSA') as well as the consequential orders of extension of detention period dated 08.10.2024 and 03.01.2025.

12.04.2025 It is further submitted that the action of the respondents is in gross violation of section 3(5) and section 10 of NSA. The action of the respondents is contrary to the mandate of NSA and it violates Articles 14 & 21 of the Constitution of India. The right to life with dignity of the detenu has been infringed by issuance of mechanical orders of detention. He further submitted that the provision of Section 8 of the Act has also not been complied with inasmuch as the ground of detention has not been communicated to the detenu.

8. From the pleadings, it appears that the Superintendent of Police, Betul has recommended ecommended the District Magistrate, Betul to initiate action under Section 3(2) of the NSA against the detenu since his criminal acts are continuous, which are threat to public peace and law & order. The District Magistrate after considering the fact situation, situation, recommendation as well as the statement of prosecution witnesses passed the impugned order of detention in exercise of power under Section 3(2) of the NSA. Being aggrieved by the said order of detention, petitioner has preferred this petition.

24. No procedural lapse or violation has been seen in the detention order, as the same me has been passed in accordance with the provisions of NSA. Nowhere in the provision of NSA, it is mandatory to take prior approval from the Advisory Board before each extension order regarding detention period is made, rest of the procedure has been followed in letter and spirit. Conclusively, petition preferred by the petitioner failss and order of detention dated 11.07.2024 11.07.2024 passed by District Magistrate, Betul and consequential orders dated 08.10.2024 and 03.01.2025 are hereby affirmed.. Respondents are at liberty to proceed against the detenu as per law.