AKASH YADAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Invoking the jurisdiction under Article 226 of the Constitution of India and assailing the order of detention dated 07.09.2018 (Annx.P/3), passed by the District Magistrate, Chhatarpur in exercise of powers under Section 3(2) and (3) of the National Security Act, 1980 (hereinafter referred to as the 'NSA Act'), approved by the State Government on 19.9.2018 (Annx.R/6), the petitioner has filed this petition.

(2.) It is the contention of the petitioner that Station House Officer, Police Station Civil Lines, Chhatarpur, made a request to the Superintendent of Police, District Chhatarpur on 13.7.2018 to make the recommendation to the District Magistrate for passing an order under Sub-section (3) of Section 3 of the NSA Act to detain the petitioner and to restrain him in any manner prejudicial to the maintenance of the public order. The Superintendent of Police on the same day in reference to the proposal of the Station House Officer made the recommendation without due verification and application of mind to the District Magistrate. On the said recommendation, the District Magistrate passed the order impugned on 7.9.2018, in exercise of the power under Sub-section (3) of Section 3 of NSA Act directing the detention of petitioner and to keep him in Civil Prison Chhatarpur.

(3.) It is urged that the order has been passed without affording due opportunity of hearing and without complying the provision of Sub-section (3), (4) and (5) of Section 3 ibid. In the order passed by the District Magistrate or in the approval order of the State Government, the period of detention has not been specified. It is said, the detention order cannot remain in operation for more than three months in first blush without following the procedure prescribed, however, not in confirmity to the provisions of law. The order of approval passed by the State Government in the facts of this case without specifying the period in the order of approval Annx. R/6, is also contrary to the spirit of the NSA Act, therefore, the order of detention and order of approval both, may be quashed.