Lokendra Singh Rana vs The State Of Madhya Pradesh
2021 Latest Caselaw 2646 MP

         The High Court of Madhya Pradesh
                      Bench at Indore


                    W.P. No.9102/2021
         (Lokendra Singh Rana Vs. State of M.P. & Ors.)

Indore:23.06.2021
      Heard through video conferencing.
      Shri Prasanna Bhatnagar, learned counsel for the
petitioner.
      Smt. Archana Kher, learned Dy. Advocate General for the
respondents/State.

Learned counsel for the petitioner submits that the order of detention passed by the District Magistrate, Ujjain dated 26/06/2018(Annexure-P/1) was not communicated to him at any point of time. Recently, police intended to execute this order and armed with this order approached his house and met his brother on 16/04/2021. Because of said approach of police on the said date, for the first time, the petitioner came to know about this order. By placing reliance on the judgment of Supreme Court in the case of Deepak Bajaj Vs. State of Maharashtra reported in (2008) 16 SCC 14, learned counsel for the petitioner submits that the petition is maintainable even at pre-execution stage. He submits that out of five points decided by the Supreme Court in the case of Additional Secretary to the Govt. of India Vs. Smt. Alka Subhash Gadia reported in 1992 Supp(1) SCC 496, two points namely point Nos.(iii) and (iv)(Para 30) are attracted in the instant case. Without assigning any reason and without any justifiable material, the respondents intends to execute an order dated 26/06/2018 which has lost much of its shine and need by efflux of time. Apart from this, learned counsel for the petitioner submits that the petitioner stood exonerated in the criminal cases.

The High Court of Madhya Pradesh Bench at Indore

W.P. No.9102/2021 (Lokendra Singh Rana Vs. State of M.P. & Ors.)

Per Contra, learned Dy. AG for the respondents/State opposed the prayer and contended that as per Section 8 of the National Security Act, 1980, the reasons of detention are required to be furnished to the petitioner only when he is actually detained. In view of judgment of Supreme Court reported in (2014) 1 SCC 280(Subhash Popatlal Dave Vs. Union of India & Anr.), the petitioner cannot succeed merely because almost three years period is passed from the date order of detention was issued i.e. 26/06/2018(Annexure-P/1).

We have heard the parties on the question of interim relief.

The petitioner, a citizen of India has approached this Court at pre-execution stage by contending that there is no justifiable material and reason for passing the order of detention. The respondents filed their reply and contended that they have passed a detailed and speaking order of detention. We are struggling to get the reason in the detention order dated 26/06/2018. Even assuming for the sake of arguments that in the teeth of Section 8 of National Security Act, the District Magistrate was not obliged to furnish reasons to the petitioner at the time of issuance of detention order, once the respondents are put to notice by this Court in a matter of this nature, where life, liberty and freedom of a citizen is sought to be taken away, it is duty of the respondents to assign minimum justifiable reasons for exercising the power of detention.

In a mechanical manner in para - 14 of the return, it is mentioned that the order dated 26/06/2018 is a 'speaking order'. We are prima facie unable to agree with this averment.

The High Court of Madhya Pradesh Bench at Indore

W.P. No.9102/2021 (Lokendra Singh Rana Vs. State of M.P. & Ors.)

Accordingly, we deem it proper to direct the respondents to file additional affidavit in this regard.

Smt. Archana Kher, learned Dy. AG prays for and is granted seven days time to file counter affidavit. It will be open to the respondents to furnish grounds of detention to the Court in a sealed envelope.

List the matter after a week.

Till the next date of hearing, no coercive action be taken against the petitioner pursuant to the impugned order dated 26/06/2018(Annexure-P/1).

Certified copy as per rules.

           (Sujoy Paul)                            (Shailendra Shukla)
              Judge                                       Judge




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PREETHA NAIR
2021.06.23 17:35:50
+05'30'