SC quashes preventive detention of student under National Security Act
What's the story
The Supreme Court has ordered the immediate release of a 24-year-old law student from Madhya Pradesh, who was detained for nearly a year under the National Security Act, 1980 (NSA). The decision was taken by a bench of Justice Ujjal Bhuyan and Justice Vinod Chandran. The court found that the grounds for detention, including disruption of law and order, did not meet Section 3(2) requirements of the NSA.
Legal scrutiny
Reasons for detention do not satisfy statutory requirements: SC
The court observed that "the reasons for which he has been taken into preventive detention do not satisfy the requirement of Sub Section(2) of Section 3 of the National Security Act, 1980." The law student was detained after an incident on June 14, 2024, at a university campus in Betul. He had allegedly clashed with a professor and was later charged with attempt to murder and other offenses.
Order review
Court highlights procedural lapses in deciding student's representation
The court noted that the law student's preventive detention was ordered by the District Magistrate of Betul on July 11, 2024. The order was extended four times, with the last extension valid until July 12, 2025. Madhya Pradesh state cited nine criminal antecedents to justify this detention under NSA Section 3(2). However, the court found these grounds did not meet statutory requirements and highlighted procedural lapses in deciding his representation without involving the State Government.
Decision contrast
HC had earlier dismissed habeas corpus petition
The Madhya Pradesh High Court had earlier dismissed a habeas corpus petition filed by the law student's father. The High Court had observed that the student was a habitual offender and his presence posed a threat to public peace. However, the Supreme Court disagreed with this view and ordered his release from Central Jail, Bhopal. A detailed, reasoned order will be issued soon.