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SUJOY PAUL, ANIL VERMA
Dilip Sisodia – Appellant
Versus
State of M. P. – Respondent
ORDER
Paul, J. -- In this petition filed under Article 226 of the Constitution, the petitioner has prayed for following reliefs for his relative (detenu):-
“a) Pass the appropriate order restraining the respondent No.1 not to act in malafide, illegal and arbitraty manner and for respondent No.2 for not acting on false and frivolous report submitted by respondent No.1 under section 3(3) of the National Security Act, 1980: and
b) Pass appropriate order to set aside the detention order dated 19.2.2021 passed by Respondent No.1 and the order passed by respondent No.2 under section 3(4) of the National Security Act, 1980 acting on false report submitted by respondent No.1 and
c) Pass appropriate order(s) to respondent No.3 not to act in malafide manner and curtail the liberty of the petitioner in relation to the 6 FIRs (being FIR No.0160/2021 dt 17.2.2021 and FIR No.0162/2021 dated 10.8.2021 filed in the Khajrana Police station, Indore (b) FIR No.0159/2021 dated 17.2.2021 and FIR No.0161/2021 dated 18.2.2021 filed in Khajrana Police Station, Indore (c) FIR No.0131/2021 dated 18.2.2021 and FIR No.0132/2021 dated 18.2.2021 filed in MIG Colony Police Station, Indore) registered on the b
The main legal point established in the judgment is the importance of the nature, scale, and gravity of an act and its impact on public order in invoking the detention law under the National Security....
Preventive detention requires clear, compelling reasons linked to public order; mere apprehensions are insufficient.
Preventive detention for a person in custody is valid only if the detaining authority explicitly records awareness of the custody status, assesses the real possibility of release on bail, and conclud....
The detention order under the National Security Act was based on the subjective satisfaction of the detaining authority, considering the likelihood of the detainee being released from custody in the ....
Detention can be legally imposed on individuals already in jail if justified by circumstances and substantial evidence of future prejudicial activity.
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