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VIJAY KUMAR SHUKLA, DUPPALA VENKATA RAMANA
Akbar @ Lala s/o Raees Bose Through Nazma – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER
Shukla, J. -- 1. The present petition is filed under Article 226 of the Constitution of India in the nature of habeas corpus challenging the orders dated 20.3.2024 (Annexure P/1) passed by District Magistrate, Indore and also the order dated 9.7.2024 (Annexure P/2) passed by the District Magistrate, Indore.
2. The present petition is filed by the detenue through the mother challenging the aforesaid orders by order dated 20.3.2024, the respondent No.2 has passed an order of detention under section 3(2) of National Security Act, 1980 (hereinafter referred as the Act) and also the order dated 9.7.2024 whereby the period of detention has been extended for further period of three months from 12.7.2024 till 12.10.2024 by the respondent No.1. The detention order Annexure P/1 is challenged mainly on three grounds :--
(i) That, the period of detention is not mentioned in the impugned order, therefore, the detention is illegal as required under section 3 of the Act.
(ii) The provisions of section 8 has not been complied with as the petitioner has not been afforded opportunity to make a representation against the order to the appropriate government.
(iii) The provisions of section 10
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.
Point of Law : It is, thus, settled that the subjective satisfaction of the detaining authority has to be based on objective material and any non-existent or misconceived or irrelevant consideration,....
Once a confirmatory order of detention is passed under Section 12(1) of the National Security Act, the State Government has no authority to review or extend the order. The detention becomes illegal a....
Preventive detention orders are invalid if issued against individuals already in custody, as they lack grounds for action deemed necessary to prevent prejudicial behavior.
Quash of detention order - Delay in forwarding the petitioner’s representation on the part of the District Magistrate, and also delay in disposal of the petitioner’s representation
The court established that detainees under the National Security Act must be afforded the right to legal representation, and that detention orders must adhere strictly to statutory procedures regardi....
Unexplained delays in executing detention orders, particularly when the detenu is already in custody, violate procedural safeguards, rendering the detention illegal.
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