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RAVI MALIMATH, VISHAL MISHRA
Kanchan Shukla – Appellant
Versus
State of M. P. – Respondent
ORDER
1. The present petition has been filed by the wife of detenu namely Pravesh Shukla S/o Ramakant Shukla aged about 30 years, challenging the order of preventive detention dated 5.7.2023 passed by respondent No.2-District Magistrate Sidhi (M.P.) under sub-section (2) of section 3 of the National Security Act, 1980.
2. When the matter was listed on 22.9.2023, the learned Deputy Advocate General sought time to counter the rejoinder filed by the petitioner. When the Court was inclined to grant time, the same was strongly objected to by the learned counsel for the petitioner. He submitted that the petition must be heard today itself. In spite of intimating to him that the reply to the rejoinder may be necessary for the determination of the case, he insisted time and again that irrespective of the same, the matter has to be heard today. It is for this reason that we have proceeded to hear the matter finally.
3. It is the case of the petitioner that on 5.7.2023, a video got viral on social media with respect to an incident of urination that took place in Sidhi district in which th
The detention order was quashed due to procedural violations and lack of connection between the detenu's past conduct and the necessity for detention under the National Security Act.
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....
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