KAMLESHWAR DIXIT Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition filed under article 226 of the Constitution of India assails the order of District Magistrate, Gwalior dated 14.05.2021 (Annexure P/1), whereby the petitioner is detained in exercise of power under section 3(2) of National Security Act, 1980 (NSA Act).

(2.) In nutshell, the contention of the petitioner as projected by the counsel is that the petitioner is an advocate practicing at Seoni and Indore. The petitioner was called by the Special Task Force, Chindwara from where he was taken by the said force to Gwalior. A false case is lodged against the petitioner at Gwalior. The petitioner purchased Remdesivir injections for treatment of his father-in-law. Later on, his father-in-law died because of Corona. The CT scan report, death certificate and medical documents are filed as Annexure P/2 and 3.

(3.) Learned counsel for the petitioner submits that the petitioner has been falsely implicated. Para 4 of the impugned order shows that the same is passed without application of mind. The reasons assigned in para 4 are without any basis. The report of Superintendent of Police does not contain any such reason, which became basis for detention as per para 4 of the detention order dated 14.05.2021.