HUKUMSINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the petition filed by the petitioner against his detention order dtd. 02.08.2021 whereby the District Magistrate, Shajapur invoked Sec. 3 of National Security Act and decided to detain the petitioner for a period of 3 months.

(2.) Criticizing the said order, learned counsel for the petitioner raised three fold contentions-firstly, it is argued that the allegations on the strength of which the petitioner is detained, does not fall within the ambit of Sec. 3 of National Security Act, 1980. In other words, the act/conduct of the petitioner does not adversely affect the "public order". At best, it may attract law and order situation. Secondly, in the detention order, the authority has mentioned about twenty two previous criminal cases. The petitioner is acquitted from most of the cases, which is evidence from Annexure P-3 (criminal record). Thirdly, the prosecution has already proceeded against the petitioner in previous criminal cases and now, under the garb of National Security Act, they again proceeded against the petitioner, therefore, it amounts to "double jeopardy".

(3.) In support of his arguments, learned counsel for the petitioner has placed reliance upon judgments delivered by the Hon'ble Supreme Court in the cases of Ajay Dixit, NSA Detenue Vs. State of U.P. and others, 1985 AIR 18; Arun Ghose Vs. State of West Bengal, AIR 1970 SC 1228 and State of U.P. and another Vs. Sanjai Pratap Gupta @ Pappu and others, 2004 (8) SCC 591.