"Unfortunate That Adjudicating Authorities Delivering Judgments Based Upon Media Trials": MP HC Quashes NSA Detention Order For Participation In Muharram Procession [Read Order]
4 years, 6 months ago

"Unfortunate That Adjudicating Authorities Delivering Judgments Based Upon Media Trials": MP HC Quashes NSA Detention Order For Participation In Muharram Procession [Read Order]

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The Madhya Pradesh High Court directed that the person detained to be set at liberty on the ground that the detention orders passed had not been confirmed within the statutory period of 12 days from the passing of the orders as provided in Section 3 of National Security Act, 1980 and therefore, the orders of detention were no longer in force. As per the first petition under consideration, Usman Patel had been in jail on account of detention order dated 31.08.2020 passed by District Magistrate, Indore. The Court noted that the order passed by the District Magistrate reflects that on account of violation of prohibitory order passed by District Magistrate under Section 144 of the CrPC, Patel has allegedly committed offences under Section 188, 269 and 270 of the IPC and the reaction which was published in various news papers reflects that there is a great protest in the society on account of the procession. The Justices pointed to the other important aspect of the case that Section 3 of the National Security Act, 1980 provides for confirmation of detention order by the State Government.

History of this topic

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