Rohit Arya,J. - (1.) This batch of writ petitions have been preferred challenging legality, validity and propriety of impugned orders of detention dated 19.11.2020 (Ashwin Siroliya and Arun Verma), 21.11.2020 (Karandeep Singh and Anmol Sandhu) and 23.11.2020 (Lucky). Regard being had to the similitude in the controversy involved in the present cases, writ petitions were analogously heard and by a common order, they are being disposed of by this Court. Facts of the Writ Petition No.1820/2021 are narrated hereunder. FACTS:
(2.) For the alleged incident dated 16.11.2020 a named FIR was lodged on the same date against all five petitioners alongwith others and registered an offence at crime No.416/2020 at Police Station, Chattripura, Indore for the offence punishable under sections 147, 148, 149, 452, 307, 323, 294, 506 and 427 IPC. On 20.11.2020, the Superintendent of Police, West, Indore prepared a note/report based on the alleged incident and forwarded to the Collector, Indore recommending issuance of detention order against all five persons. In exercise of powers under Section 3(2) read with section 3(3) of the National Security Act, 1980 (for short 'the Act'), separate detention orders for three months were issued on 21.11.2020 and confirmed by the State Government on 28.12.2020. Facts in that behalf were also reported to the Central Government. Thereafter, the grounds of detention alongwith record were forwarded to the Advisory Board for reference under Section 10 of the Act and the Advisory Board has given its opinion under Section 11 of the Act on 18.12.2020, as under: OPINION "We are of the opinion that there exists sufficient cause for detention of Karandeep Rana S/o Harvindarsingh R/o Distt. Indore, under the National Security Act, 1980. We, however, make it clear that having regard to the decision of the Supreme Court in Cherukuri Mani w/o Narendra Chowdari Vs. Chief Secretary, Government of Andhra Pradesh and others, 2015 13 SCC 722, the State Government may extend the period of detention upto the maximum 12 months from the date of detention, but, only after reviewing the detention before every 3 months as required under the provisions of the National Security Act, 1980. Let our opinion and records be sent to the State Government." (Emphasis supplied) Thereafter, the State Government has passed an order of detention under Section 12 of the Act on 30.12.2020. During the course of arguments, on 25.02.2021, it transpired that three months period of detention order has expired on 22.02.2021. However, the State Government has further extended validity of detention orders for three months. To place on record aforesaid facts by way of supplementary affidavit, a day's time was granted. Due to administrative reasons, the same could not be placed on record as ordered. However, in terms of the order passed by this Court on 27.02.2021, the order dated 22.01.2021 passed by Collector, Indore extending the detention order for three months expiring on 21.05.2021 based on the report of Superintendent of Police dated 19.01.2021, West, Indore is placed on record. Besides, the order of Collector, Indore has been approved by the State Government as contemplated under Section 3(5) of the Act vide order dated 04/02/2021. The details of orders passed against each of the petitioners are mentioned below: JUDGEMENT_51_LAWS(MPH)3_2021_1.html
(3.) Shri Chhabra & Makbool Mansoor, learned counsels have canvassed following propositions:- (i) respondent/State has not forwarded the detention order and other record to the Central Government as required under Section 3(5) of the Act. As such, there is a procedural lapse in the matter of passing of the impugned detention order. (ii) the orders of detention and extension were not communicated to relatives of petitioners (iii) there is no sufficient material on record justifying passing of the impugned detention order by the Collector, Indore dated 21.11.2020 and approved by the State Government on 30.12.2020. (iv) the obtaining facts and circumstances suggest that the alleged incident was in the area of 'law and order' and not of 'public order'. Learned counsels for the petitioners also submit that the original detention order for three months expired on 22/02/2021. Vide the extension order dated 22/01/2021, the period of detention was further extended for three months expiring on 22/05/2021. The factum of passing of extension order is placed on record under orders of this Court on 25/02/2021 and 27/02/2021. Petitioners' liberty is curtailed and civil rights denied by force of extended detention order without communication. Hence, the grounds of challenge made to the original detention orders dated 19/11/2020, 21/11/2020, 23/11/2020 are also advanced against the extended detention orders of the petitioners. Referring to the judgment of Hon'ble Supreme Court in the case of Cherukuri Mani w/o Narendra Chowdari Vs. Chief Secretary, Government of Andhra Pradesh and others, 2015 13 SCC 722, learned counsels submit that under Article 226 of the Constitution of India, in a Habeas Corpus petition, this Court may not insist strict rule of pleadings and relief sought and may examine the sustainability of extension of detention order on the material available on record. No other point was pressed. ;