On Monday, the Madhya Pradesh High Court rejected a habeas corpus petition that questioned the detention of Pravesh Shukla under the National Security Act (NSA) in connection with the Sidhi urination case.
Pravesh Shukla's wife filed a habeas corpus petition after he was arrested due to a viral video that depicted him urinating on Dashmat Rawat, a tribal man.
On Monday, the High Court observed that Pravesh Shukla's single action had the potential to disrupt the peace and harmony within the state. Consequently, a bench consisting of Chief Justice Ravi Malimath and Justice Vishal Mishra declined to overturn Shukla's detention under the National Security Act (NSA).
The Court, in its order dated October 9, stated, "The detenu's single act had jeopardized the state's peace and serenity. Consequently, we believe that this is an appropriate case for invoking the NSA to prevent the recurrence of such offenses."
The Court also added that the State government had presented significant evidence to demonstrate that Shukla's action had led to a grave law and order crisis across the entire state of Madhya Pradesh.
The Court observed that the photographs depicting the detenu's act were widely circulated through various electronic and other media outlets. This act of urinating on the concerned individual had incited anger and outrage among the society not only in the state of Madhya Pradesh but also in other parts of the country. Furthermore, it was noted that some individuals were attempting to introduce a communal dimension through social media. As a result, the public had become agitated and enraged, raising concerns that they might resort to taking the law into their own hands.
The Court further noted that the situation was escalating and becoming increasingly uncontrollable. As a result, the State had to take immediate measures to prevent the further deterioration of law and order within the State. In light of these circumstances, the habeas corpus petition was dismissed by the Court.
In the habeas corpus petition, Kanchan Shukla, the wife of Pravesh Shukla, asserted that her husband's detention was a result of political influence. She claimed that Chief Minister Shivraj Singh Chauhan had exerted his influence and had a role in instructing the Collector to utilize the stringent provisions of the National Security Act (NSA) to detain her husband.
Additionally, Kanchan Shukla expressed concern that the detention order did not specify the duration for which Pravesh would be held, and it lacked a clear and specific rationale for his detention.
The High Court had initially issued notice to the State government regarding the plea in July and later reserved its judgment on September 22. However, after careful consideration, the Court has now dismissed the plea, concluding that there were no valid grounds to intervene in the National Security Act (NSA) detention.
The Court stated, "There is no violation of the law by the authorities, as their subjective satisfaction is based on the facts and circumstances of the case." This suggests that the authorities had acted in accordance with the law when detaining Pravesh Shukla under the NSA.
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