SUSHRUT ARVIND DHARMADHIKARI, ANURADHA SHUKLA
Abdul Kareem – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER
Dharmadhikari, J. -- 1. Heard finally with the consent of both the parties.
2. The instant petition under Article 226 of the Constitution of India has been filed in the nature of Habeas Corpus assailing the order of preventive detention passed by the District Magistrate Seoni on 1.7.2024, annexure P/2 by exercising powers under section 3(2) of the National Security Act, 1980 (for brevity 'the NSA') as well as the consequential order of extension of the detention period dated 13.9.2024 by extending the detention of the petitioner for a period of further three months.
3. Brief facts of the case are that Police Station Dhuma, District Seoni registered Crime No.214/2024 against the petitioner for the offence under section 153-A and 120-B of IPC and section 4, 9 of M.P.Gou Vansh Vadh Pratishedh Adhiniyam, 2004 and section 11(1)(l) of Pashu Krurta Nivaran Adhiniyam. During this period, the Collector/respondent No.2 has registered NSA proceeding against the petitioner and passed detention order on 1.7.2024 vide Order No.1644/Reader/NSA/2024 for a period of three months. However, the petitioner was granted bail by this Court. But, the petitioner could not be released because of the im
Preventive detention – Expressive function of punishment or preventive measure like detention under NSA are both retributive and utilitarian.
Preventive detention under NSA upheld where procedural safeguards strictly followed, subjective satisfaction based on proximate material of cattle slaughter during festival causing communal tension, ....
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 ....
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 ....
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