SUJOY PAUL, SHAILENDRA SHUKLA
Yatindra Verma – Appellant
Versus
State of M. P. – Respondent
ORDER
Paul, J. -- 1. This petition filed under Article 226 of the Constitution assails the order of State Govt. dated 6.4.2021 published in the gazette Notification issued under section 3(3) of the National Security Act, 1980 (hereinafter called NSA Act) and the detention order dated 10.5.2021.
2. Briefly stated, petitioner submits that he is a social worker and is a member of a political party namely, Indian National Congress. The petitioner held the post of General Secretary and Secretary of the said party in Indore. Petitioner has organized various camps for the welfare of people from time to time. In the pandemic era also, petitioner made various efforts to provide helping hand to suffering people of Indore. The proof of welfare activities undertaken by petitioner are cumulatively filed as Annexure P/2. The petitioner claims that he was vocal in expressing his dissatisfaction over the manner in which the Covid crisis has been handled by the State Government. The petitioner was active in social media and photocopy of many such posts showing petitioner’s criticism or dissent are cumulatively filed as Annexure P/3.
3. It is canvassed that the government of the day was annoyed with
The main legal point established in the judgment is that the absence of mention in a detention order regarding the right of the detainee to prefer a representation against the detention order before ....
The central legal point established in the judgment is the detenu's right to make a representation to the detaining authority, as mandated by Article 22(5) of the Constitution of India, and the conse....
(1) Order of preventive detention under NSA does not overlap with penal provisions under FSSA as it is not in lieu of that but is rather in addition to that.(2) Life of order passed by District Magis....
The right of a person subjected to preventive detention to make a representation against the detention order to the authority passing the order, as mandated by Article 22(5) of the Constitution of In....
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