DR DHANANJAYA Y CHANDRACHUD,J - (1.) A. Facts B. Submissions of counsel C. Right to make a representation: Constitutional safeguards and legislative scheme of the NSA D. Analysis D.1 Delay in considering the representation D.2 Failure to communicate decision on the representation E. Conclusion 1. By a judgment dated 24 August 2021, a Division Bench at the Indore Bench of the High Court of Madhya Pradesh rejected a petition under Article 226 of the Constitution of India challenging a detention order passed against the appellant under Section 3(2) of National Security Act 1980("NSA"). The detenu is in appeal. A Facts
(2.) The appellant is a Director of City Hospital, Jabalpur. On 10 May 2021, FIR No. 252/2021 was registered at Police Station Omti, Jabalpur under Sections 274, 275, 308, 420 and 120B of the India Penal Code 1860("IPC"); Section 53 of the Disaster Management Act 2005; and Section 3 of the Epidemic Diseases Act 1897. The appellant was arrested in connection with the FIR on 26 May 2021. After the investigation, a final report under Section 173 of the Code of Criminal Procedure 1973(CrPC") was submitted on 6 August 2021. The allegation against the appellant is that in connivance with certain others, he procured fake Remdesivir injections which were administered to patients during the Covid-19 pandemic in order to make illegal profits thereby endangering the life of the general public.
(3.) On 12 May 2021, the appellant was detained in pursuance of an order of detention dated 11 May 2021 under Section 3(2) of the NSA, for a period of three months.;