YATINDRA VERMA Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution assails the order of State Govt. dt.06/04/2021 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 10.05.2021.

(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 petitioner's comments and, therefore, a false FIR dated 08/05/2021 (Annexure P/4) was lodged against the petitioner for allegedly committing offence under Sections 420 and 188 of IPC r/w Section 3 of Epidemic Diseases Act 1897. The petitioner was also arrested on 07/05/2021. The District Magistrate passed the detention order dated 10/05/2021 wherein it is mentioned that petitioner is already in custody. This order dated 10/05/2021 nowhere mentions that petitioner has a right to prefer representation before the District Magistrate.