Government acted mechanically: HC Indore bench cancels three NSA detention orders


The Indore High Court of Madhya Pradesh, in two separate orders, set aside three detention orders issued under the National Security Act (NSA) by the Indore District Magistrate, observed that the state government had acted “mechanically” or without thinking.

The two orders were placed on Thursday.

In the first case in which brothers Shubham Parmar and Bhupendra were arrested for alleged black marketing and selling bogus vials of remdesivir, a bench composed of two judges Sujoy Paul and Shailendra Shukla criticized the DM for “reasons of cut and paste. mechanically from another person’s FIR “.

Their lawyer Rishi Tiwari said that while the letter from the SP, which formed the basis of the order, spoke only of black marketing, the DM “pasted the observation” listed in the case of the main defendant Nilesh Chouhan – recovery of ‘a vial containing distilled water.

In the second case, the same judiciary, hearing a petition filed by Yatindra Verma, secretary general of the Indore district of Congress, who was arrested for cheating and subsequently detained under the NSA, observed that the he contested order could not be subject to judicial review. Verma was arrested on May 7 for allegedly selling an oximeter for a higher price.

During the hearing of Verma’s petition, the judiciary recorded that despite the mention in the detention order that he was already in detention, the state government repeatedly mentioned that he was fleeing. . The judiciary noted that they were not impressed by the additional attorney general’s argument that “it was a mistake on the part of the government”.

Observing that the power of preventive detention is duly recognized in the constitutional regime, the court said: “In order to maintain fairness, it is good practice to mention the reasons for issuing such administrative orders. Fairness is an integral part of good administration. It is said that “sunlight is the best disinfectant”.

The judiciary found merit in the argument of Verma’s lawyer Ravindra Chhabra, who questioned the legality, validity and merits of the MP’s government notice issued on April 6.

Chhabra told the Sunday Express: “Since 2014, the MP’s government has issued a notification every three months, allowing the DM and SP to issue detention orders under the NSA, but without reviewing the situation and making sure. that there is a disruption of community harmony or a riot. situation… We have recorded every copy of the notification issued since 2014. All DMs and SPs in 52 districts have been authorized to issue detention orders.

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