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RAVI MALIMATH, VISHAL MISHRA
Poonam Gupta – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER
1. This petition is filed by the wife of the detenu seeking to set aside the impugned order dated 27.10.2022 by which the District Magistrate, Jabalpur in exercise of the powers conferred under section 3(2) of the National Security Act, 1980 (for short “the NSA”) has placed the detenu under preventive detention.
2. It is the case of the petitioner that based on the report of respondent No.3, namely, the District Magistrate, Jabalpur, the respondents conducted proceedings against the husband of the petitioner under section 3(2) of the NSA. It was, therefore, recommended for his detention for a period of three months from the date of the said order. Thereafter, the said period was extended by a further period of three months. The same has been done without granting any opportunity of hearing to him. That there are 16 cases pending against the husband of the petitioner, out of which 13 cases have been decided by the Court in which the detenu was acquitted. Only three cases are pending against him out of which two cases are of the year 2022. He has apparently been detained for the offences registered in Crime Nos. 253 of 2022 and 254 of 2022 at Police Station, Civil Lines, Jabalp
Preventive detention under the National Security Act requires clear justification of public order disturbances, adherence to procedural safeguards, and can be validated by prior criminal history.
The detaining authority must be aware of all material circumstances and provide complete information, and there is a constitutional obligation to afford timely representation.
Preventive detention under the Jammu and Kashmir Public Safety Act requires the detaining authority to provide grounds for detention and adhere to procedural safeguards, but the subjective satisfacti....
Point of Law : Preventive detention - Grounds of detention - It is obligatory on part of Government to show by filing a counter affidavit that it had acted promptly in dealing with representation - P....
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 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....
The failure to consider a detenue's representation against preventive detention violates Article 22(5) of the Constitution, rendering the detention invalid.
The detention order must be based on compelling reasons, and the detaining authority must supply all material forming the basis of the detention to enable effective representation. Failure to do so r....
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