LAWS(MPH)-2025-1-85

ABDUL KAREAM Vs. STATE OF M.P.

Decided On January 24, 2025
Abdul Kaream Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) Heard finally with the consent of both the parties.

(2.) The instant petition under Article 226 of the Constitution of India has been filed in the nature of Habeas Corpus assailing the order of preventive detention passed by the District Magistrate Seoni on 1/7/2024, annexure P/2 by exercising powers under Sec. 3(2) of the National Security Act, 1980 (for brevity 'the NSA') as well as the consequential order of extension of the detention period dtd. 13/9/2024 by extending the detention of the petitioner for a period of further three months.

(3.) Brief facts of the case are that Police Station Dhuma, District Seoni registered Crime No.214/2024 against the petitioner for the offence under sec. 153-A and 120-B of IPC and Sec. 4, 9 of M.P.Gou Vansh Vadh Pratishedh Adhiniyam, 2004 and sec. 11(1)(l) of Pashu Krurta Nivaran Adhiniyam. During this period, the Collector/respondent no.2 has registered NSA proceeding against the petitioner and passed detention order on 1/7/2024 vide Order No.1644/Reader/NSA/2024 for a period of three months. However, the petitioner was granted bail by this Court. But, the petitioner could not be released because of the impugned detention order. Thereafter, the Collector, Seoni, respondent no.2 issued order of extension of detention period for a period of further three months vide order dtd. 13/9/2024 because his presence is treated as an imminent threat and danger to public order and society at large.