SWATI SINGH CHAUHAN Vs. STATE OF MP

JUDGEMENT

(1.) The wife of detenue/corpus has filed this petition under Article 226 of the Constitution assailing the detention order dtd. 22/07/2021 and subsequent order dtd. 27/10/2021 whereby period of detention was extended further for a period of three months. The said orders passed under National Security Act, 1980 (NSA Act) are called in question on various grounds.

(2.) Briefly stated, the detention order is assailed by stating that pursuant to a FIR in Crime No.699/2021 registered on 19/07/2021 for allegedly committing offences under Sec. 307 and 34 of IPC, the detenue was arrested on 21/07/2021. The detention order was issued on 22/07/2021. The detention order was not forthwith communicated to detenue or his family members. The detenue was in police remand till 03/08/2021. During this period, the detenue was formally arrested under the NSA Act on 28/07/2021 (Annexure R/3). The detenue was sent to judicial custody by order of Judicial Magistrate First Class. The order-sheet of said Magistrate dtd. 01/08/2021 is relied upon to show that till 03/08/2021, the detenue was in police custody yet the order and grounds of detention were not served on him. The grounds of detention were served on him only on 21/07/2021.

(3.) Shri Rajat Raghuwanshi, learned counsel for the petitioner submits that the petitioner, wife of detenue by representation dtd. 11/08/2021 inquired about the reason of detention. In this representation, she clearly stated that she or her family members have not received any document to show as to how NSA is invoked against her husband.