High CourtsDivision Bench(2020) 09 MP CK 0152

Ajad Patel vs State Of MP And Others

Madhya Pradesh High Court · Decided on 18 September 2020

HON’BLE JUDGES
S. C. Sharma, J · Shailendra Shukla, J
RESULT
Allowed
CASE NUMBER
Writ Petition No. 13866 Of 2020

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Judgment

3 paragraphs · 190 words

Learned counsel for the petitioner has straightway drawn attention of this Court towards the order dated 15/9/2020 passed by this Court in W.P. No. 13234/2020 (Tanveer Patel Vs. State of MP and others). Learned counsel for the petitioner has categorically stated that the controversy involved in the present case stands concluded by the aforesaid judgment, as the order of detention passed under the National Security Act, 1980, was not confirmed within 12 days, as required u/S. 3 of the National Security Act, 1980.

Learned Addl. Advocate General has not disputed the aforesaid averments and the order dated 15/9/2020 passed by this Court in W.P. No. 13234/2020 (Tanveer Patel Vs. State of MP and others).

Resultantly, the order dated 15/9/2020 passed by this Court in W.P. No. 13234/2020 (Tanveer Patel Vs. State of MP and others) shall be applicable mutatis mutandis in the present case also, meaning thereby, the impugned order of detention passed under the National Security Act, 1980 is hereby quashed. The respondents are directed to release the petitioner's brother, forthwith, if not required in any other case. The present Writ Petition is allowed. No order as to costs.