LAWS(MPH)-2023-10-53

KANCHAN SHUKLA Vs. STATE OF MADHYA PRADESH

Decided On October 09, 2023
Kanchan Shukla Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) The present petition has been filed by the wife of detenu namely Pravesh Shukla S/o Ramakant Shukla aged about 30 years, challenging the order of preventive detention dtd. 5/7/2023 passed by respondent No.2-District Magistrate Sidhi (M.P.) under sub-sec. (2) of Sec. 3 of the National Security Act, 1980.

(2.) When the matter was listed on 22/9/2023, the learned Deputy Advocate General sought time to counter the rejoinder filed by the petitioner. When the Court was inclined to grant time, the same was strongly objected to by the learned counsel for the petitioner. He submitted that the petition must be heard today itself. In spite of intimating to him that the reply to the rejoinder may be necessary for the determination of the case, he insisted time and again that irrespective of the same, the matter has to be heard today. It is for this reason that we have proceeded to hear the matter finally.

(3.) It is the case of the petitioner that on 5/7/2023, a video got viral on social media with respect to an incident of urination that took place in Sidhi district in which the detenu was urinating upon the victim namely Dashmat Rawat, a Kol tribal. The said video got viral on the news media. Thereafter, the District Magistrate, Sidhi upon the recommendations made by the Superintendent of Police District Sidhi has initiated proceedings under the National Security Act, 1980 against him.