The Madhya Pradesh High Court has ordered the state chief secretary to meet with all district collectors and explain the correct use of the National Security Act (NSA). The court emphasised that NSA orders should not be passed under political pressure or without proper consideration.
The court quashed the Burhanpur collector’s externment order against Anant Ram Awase, who had been ordered to leave Burhanpur and nearby districts under NSA for a year on January 23, last year. The court also imposed a Rs 50,000 fine on the state government, which it can recover from the Burhanpur collector.
Awase had challenged the externment order, arguing that it violated the principles of the NSA and was passed without any witness statements. The Burhanpur collector based the order on several criminal cases against Awase, including violations of the Forest Act, rioting, and attempted murder.
However, the government’s lawyer admitted that cases under the Forest Act do not qualify under NSA’s provisions.
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The court pointed out that the government failed to provide evidence of witness statements and could not justify the externment. It ruled that a person cannot be externed solely due to criminal cases, and the Burhanpur collector had provided false information about contacting people for statements.
The court said the externment order went against the spirit of the law and quashed it, also imposing a Rs 50,000 cost on the state government.
This decision highlights concerns over political pressure in the use of the National Security Act and the need for proper legal procedures in Bhopal and beyond.
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