JAVED KHAN Vs. STATE OF M.P.

JUDGEMENT

(1.) This order shall also govern the disposal of connected writ petitions i.e. W.P.No.9039/2020, W.P.No.9040/2020 & W.P.No.9042/2020 as the issue involved in all these petitions is the same.

(2.) All the Petitioners being permanent residents of Indore have filed the present petitions challenging the validity of the order of detention dated 08.04.2020 passed by the District Magistrate, Indore (respondent No.2) under section 3(2) of the National Security Act, 1980 (hereinafter referred to as 'the NSA Act ') as well as the order dated 18/5/2020 passed by the respondent No.1 under section 12(1) of the NSA Act. For the sake of convenience, facts are being taken from W.P.No.8949/2020.

(3.) Government of M.P in anticipation of the massive impact of the Covid-19 pandemic in the entire state imposed a total lock-down from 23.03.2020 followed by an order under section 144 of the Cr.P.C. Vide Gazette Notification dated 20.03.2020, the State Govt. has passed a notification under section 3 (3) of the NSA Act authorizing the concerned District Magistrates within their respective jurisdiction to exercise the powers for making an order of detention conferred by sub-section (2) of section 3 of the NSA Act during the period 1st April to 30th June 2020. By virtue of the aforesaid notification, the District Magistrate, Indore is the competent authority to pass an order under sections 3(4) of the NSA Act .