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SUSHRUT ARVIND DHARMADHIKARI, GAJENDRA SINGH
Mohammad Huzefa Pathan – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER
Sushrut Arvind Dharmadhikari, J.—Heard finally, with the consent of the parties. The present petition under Article 226 of the Constitution of India is filed by the brother of the detenu assailing the order dated 14.09.2023 passed by the respondent No.2 – District Magistrate, Khargone, whereby the brother of the petitioner (detenu) has been kept under detention by invoking the provisions of National Security Act, 1980 (hereinafter referred to as ‘the NSA’). The petitioner has also challenged the orders dated 30.11.2023, 04.12.2023 & 07.03.2024.
2. Briefly stated facts of the case are that the brother of the petitioner namely Adeeb S/o Mohammad Pathan was detained in Crime No.0002/NSA/2023 under Section 3(2) of the NSA for a period of three months from the date of detention and was sent to the Central Jail, Ujjain. 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. The impugned orders have been passed without application of mind without recording any subjective satisfaction, therefore, the ord
Preventive detention – Expressive function of punishment or preventive measure like detention under NSA are both retributive and utilitarian.
In case of a person in custody a detention order can validly be passed (1) if the authority passing the order is aware of the fact that he is actually in custody; (2) if he has reason believe on the ....
The detention order under the Gujarat Prevention of Anti Social Activities Act, 1985 must be based on material showing a threat to public order, and the detaining authority must consider all relevant....
Preventive detention under NSA upheld where procedural safeguards strictly followed, subjective satisfaction based on proximate material of cattle slaughter during festival causing communal tension, ....
The detention order under the Act must be based on a case where the person has become a threat and menace to society, disturbing the whole tempo of the society and all social apparatus. The detaining....
Preventive detention requires a clear nexus to public order disruption, which was not met in this case, leading to the quashing of the detention order.
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