MOHAMMAD HUZEFA PATHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard finally, with the consent of the parties. The present petition under Article 226 of the Constitution of India is filed by the brother of the detenu assailing the order dtd. 14/9/2023 passed by the respondent No.2 - District Magistrate, Khargone, whereby the brother of the petitioner (detenu) has been kept under detention by invoking the provisions of National Security Act, 1980 (hereinafter referred to as "the NSA"). The petitioner has also challenged the orders dtd. 30/11/2023, 4/12/2023 & 7/3/2024.

(2.) Briefly stated facts of the case are that the brother of the petitioner namely Adeeb S/o Mohammad Pathan was detained in Crime No.0002/NSA/2023 under Sec. 3(2) of the NSA for a period of three months from the date of detention and was sent to the Central Jail, Ujjain. The action of the respondents is contrary to the mandate of NSA and it violates Articles 14 & 21 of the Constitution of India. The right to life with dignity of the detenu has been infringed by issuance of mechanical orders of detention. The impugned orders have been passed without application of mind without recording any subjective satisfaction, therefore, the orders falls within the purview of illegal detention. Even the respondents have denied the basic rights depriving of the opportunity of hearing amounting to violation of principle of natural justice. The petitioner is the resident of District - Khargone and is living within the territorial jurisdiction of this Court.

(3.) It appears from the pleadings that since 2012, detenu is facing different cases / charge-sheeted alleging commission of different offences, particular of which are placed with writ petition and on the basis of those cases as well as apprehension of the authorities that detenu may commit breach of public order, proceedings were initiated under the Act against the detenu which culminated into passing of impugned order dtd. 14/9/2023 by the District Magistrate, District - Khargone.