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VIVEK RUSIA, AMAR NATH KESHARWANI
Ramveer@ Raman – Appellant
Versus
State of M. P. – Respondent
ORDER
With the consent of the parties heard finally.
The petitioner has filed this present petition through his father Babu Anand Nekiya challenging the validity of the order of detention dated 2.5.2022 passed by the District Magistrate, Indore in the exercise of powers under section 3(2) of the National Security
1. The petitioner has been supplied the grounds for detention and according to which there would be a possibility of creating a dispute in relation to political and communal matters after release from jail on bail. Deputy Commissioner of Police Zone No.3, Indore vide letter dated 2.5.2022 requested District Magistrate, Indore for initiating detention proceedings against the petitioner on account of four criminal cases registered against him. The details are as under:-
| S. No. | Crime No. | Act | Court's Name | Challan No. | Fau. M. No. | Decision | Police Station |
| 1 | 411/2016 | 354-323-294-506-34 of IPC | District Court | 389/2016, dated 17.9.2016 | 168498/2016, dated 31.12.2016 | Pending before Court 31.12.2016 | Vijay Nagar |
| 2 | 177/2018 | 307-323-294-506-34 | |||||
Detention can be legally imposed on individuals already in jail if justified by circumstances and substantial evidence of future prejudicial activity.
Preventive detention requires clear, compelling reasons linked to public order; mere apprehensions are insufficient.
Preventive detention under the National Security Act requires subjective satisfaction of the authorities that the detenue is likely to disturb public order based on gathered evidence and present cond....
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 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 ....
Preventive detention requires a clear demonstration of how actions disturb public order, not merely law and order, with timely issuance reflecting genuine concern for community safety.
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