MP High Court Slams State For Approving 'Illegal' Detention Order Having Factual Errors, Warns Of Exemplary Cost

While hearing a father's petition alleging illegal detention of his son, the Madhya Pradesh High Court expressed its displeasure with the State Government for approving the order under the National Security Act despite it containing factual errors observing that it showed non-application of mind. The petitioner had in an earlier hearing produced a copy of the September 9 detention order, and stated that the the person who was notified by the Superintendent of Police in his report was one Neerajkant Dwivedi, whereas the detention order had been passed in respect of Sushant Bais who is the petitioner's son.It was also pointed out that as per the order the activities of the detainee will cause loss of public peace for Shahdol district, while the detainee was actually the resident of Budhwa which is 100km away from Shahdol.The division bench of Justice Vivek Agarwal and Justice Avanindra Kumar Singh in its order said:"It appears that even the State Government approved the order of detention without any application of mind. There is absolutely no application of mind by the State Government otherwise State Government if would have bothered to read the order of detention, as contained in Annexure P-6, would have remitted the matter to the District Magistrate for incorrect facts being mentioned in the order". District Magistrate, Shahdol who had passed the detention order submitted that he wrongly made reference to Neerajkant Dwivedi and instead it should have been Sushant Bais.The court directed the Additional Chief Secretary to submit a personal affidavit explaining the act of the DM Shahdol and also the "major lapse" committed by the State Government.The court also asked the officer to inform why exemplary cost be not imposed on the State Government for an "illegal" order of detention."The State is also directed to produce the original file in which it had processed the case for approval of the orders of the District Magistrate," it said. Expressing surprise at the order, the bench remarked that the State Government, which had statutory authority under Section 3(4) of the NSA, had granted approval "without any application of mind". Sub-section (4) of Section 3 of the National Security Act, 1980 states:"it is incumbent upon the officer mentioned in sub-section (3), to report the fact to the State Government to which he is subordinate together with the grounds on which the order has been made and such other particulars as, in his opinion, have a bearing on the matter, and no such order shall remain in force for more than twelve days after the making thereof unless, in the meantime, it has been approved by the State Government"The bench emphasised that this provision served as a safeguard, requiring the state government to apply its independent mind before approving such orders within 12 days.Meanwhile the State's counsel said that the detention order was not sent to the state government and drew the court's attention to another order passed by the Collector and District Magistrate, Shahdol dated 09.09.2024 containing only two paragraphs, stating that a copy of this order was sent to the Secretary, Government of Madhya Pradesh.The bench however said:"We are unable to appreciate this contention of Shri Manas Mani Verma in terms of sub-section (4) of Section 3 of the National Security Act, 1980 which clearly provides for not only reporting the order but also the grounds on which the order is made and such other particulars as, in his opinion, have a bearing on the matter and, therefore, mere absence of endorsement of impugned order, Annexure P-6, to the State Government cannot be deemed to have been not forwarded to the State Government. In fact, if, it was not forwarded, then State should take action against the District Magistrate and report the matter accordingly". The case was listed for October 7, 2025. Case Title: Hiramani Bais v State of MP (WP-14004-2025)For Petitioner: Advocate Brahmendra Prasad PathakFor State: Government Advocate Manas Mani VermaClick here to read/download Order

MP High Court Slams State For Approving 'Illegal' Detention Order Having Factual Errors, Warns Of Exemplary Cost

Jayanti Pahwa

Tags