The Supreme Court has ordered an immediate release of a student of law in Madhya Pradesh as a completely unacceptable to keep a student of law under the National Security Act (NSA). In such a situation, after almost a year, the path of his release has been cleared. The student was taken into a preventable detention after arresting the professor in connection with the dispute in a college in Betul. Preventive detention means taking a person into custody to prevent a crime, without committing a crime. This action is taken when the government feels that that person can become a threat to law and order in future.
According to the case, the police had registered a case against petitioner Aniket alias Annu after a dispute in July 2024 in Betul. He was accused of quarreling and threatening a professor. After which he was arrested by registering an FIR for attempted murder against him and other related crimes. However, while in jail, a custody order was issued against him under the provisions of Rasuka. Later this order continued to be extended every three months.
The Supreme Court bench said in its order passed on Friday, ‘After looking at the first detention order issued on July 11, 2024, we found that the appellant was detained under Section 3 (2) of the National Security Act, 1980. However, we believe that the reasons with which he has been taken into preventive custody does not meet the requirement of sub -section (2) of Section 3 of the National Security Act, 1980. Therefore, preventive detention of the appellant becomes completely unstable. ‘
Back Done Gave Immediately Release Of Order
A bench of the Supreme Court said that the law student Aniket alias Annu was first taken in the Preventive Detention by order of July 11, 2024 and the detention order was extended four times and as per the final order, his Preventive Detention was done till July 12, 2025. Further, the bench said, ‘Thus, after looking at the facts and circumstances of the case, we instruct that currently the appellant in Bhopal’s Central Jail will be released immediately from custody if not necessary in any other criminal case. In view of the above, criminal appeal is settled. The rational order will be followed.
HC Done Found Habitual Criminal Is Student
Earlier, the Madhya Pradesh High Court rejected the habeas corpus petition filed by Annu’s father on 25 February that the petitioner has a long history of criminal cases and is a habitual criminal whose presence is a threat to public peace.
A bench of Justice Ujjwal Bhuiyan and K. Vinod Chandran took out several flaws in the detention order passed by the District Magistrate of Betul in Madhya Pradesh on 11 July 2024, saying that he would pass a detailed and rational order in the matter.
The bench said that as per the material brought by the state government, the court shows that under the provisions of the National Security Act, 1980, nine criminal backgrounds including the current criminal case have been cited against the current criminal case against the student of the law to justify the preventable detention. However, his lawyer argued that Annu has been acquitted in five of the last eight cases and he has been convicted in one case, but the punishment is only for fines.
