Dilip Sisodia vs. State of M.P. and others
Madhya Pradesh High Court (Division Bench (DB)- Two Judge)
WRIT PETITION, 12203 of 2021, Judgment Date: Sep 22, 2021
Law laid down -
1. Section 3 of National Security Act, 1980 (NSA Act) – Petition under article 226 of the Constitution of India – Challenge to the order of detention at preexecution stage – Scope is limited and can be called in question if (i) that the impugned order is not passed under the Act under which it is purported to have been passed, (ii) that it is sought to be executed against the wrong person, (iii) that it is passed for a wrong purpose, (iv)that it is passed on vague, extraneous and irrelevant grounds or (v) that the authority which passed it had not authority to do so.
2. The detention order – Time lapse – Merely because sufficient time is passed after passing of detention order, interference cannot be made. The lapsation of time alone cannot be a reason to interfere with the detention order.
3. The detention order – Competence – 'Tweets' of competent authority is relied upon wherein he mentioned his designation as “Collector/District Magistrate”. Held - even if description is mentioned in the tweet as aforesaid and not only as “District Magistrate” it cannot be a reason to interfere with the detention order.
4. The detention law – Land grabbing – The scale and magnitude on which allegations of land grabbing are made by treating the detenu as land mafia, the detention law can be invoked taking into account its overall impact on the society and tempo of the society.
5. Section 3 of National Security Act can be invoked to achieve the following purposes :-
i) for preventing him from acting in any manner prejudicial to the security of State.
ii) for preventing him from acting in any manner prejudicial to the maintenance of public order.
iii) for preventing him from acting in any manner prejudicial to the maintenance of supplies and services essential to the community.”
6. In the present factual backdrop - the detenu cannot be permitted to seek writ from this Court without surrendering and without obtaining order of detention and grounds thereof.
Dilip Sisodia vs. State of M.P. and others