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High Court Issues Notice On Plea Challenging Detention By Man Accused Of Making Videos To Influence Youth To Become Gangsters
Aiman J. Chishti
2 Aug 2024 8:54 PM IST
The Punjab & Haryana High Court has sought a response from the central government and the Haryana Government on a plea challenging the detention under the National Security Act (NSA) of alleged criminal Parveen @ Dada accused of terrorising the public and booked in over 20 FIRs.The grounds of detention also stated that Praveen uploads videos on his social media brandishing illegal weapons...
The Punjab & Haryana High Court has sought a response from the central government and the Haryana Government on a plea challenging the detention under the National Security Act (NSA) of alleged criminal Parveen @ Dada accused of terrorising the public and booked in over 20 FIRs.
The grounds of detention also stated that Praveen uploads videos on his social media brandishing illegal weapons to influence youth to become gangsters.
Chief Justice Sheel Nagu and Justice Anil Kshetarpal said, "Let UOI and the State of Haryana file their replies and produce relevant records pertaining to the office of District Magistrate as well as the State."
According to the plea, grounds of detention states that the Petitioner belongs to Azad Gang based in Rohtak and was arrested in a FIR lodged in 2023, under Sections 148, 149, 307, 506, 120B IPC and Sections 25 &27 Arms Act.
"Bare perusal of the aforesaid FIR No. 55 would reveal that it is a case of no injury and the date of the alleged offence is 07-08.03.2023, i.e., more than a year before the issuance of the first Detention Order... by the District Magistrate Rohtak. Thus, it is evident that there was no live and proximate link between the alleged past conduct of the Petitioner and the imperative need to detain him," the petition stated.
The plea submits that the Petitioner was granted bail by the Trial Court in April, however, it is a matter of record that he had not filed his bail bonds and was in judicial custody in Rohini Jail, Delhi, in another FIR u/s 25 of the Arms Act, when the first detention order was passed in May, there was no "imminent reason to believe that the Petitioner's detention is necessary to maintain public order."
Mere suspicion of the district magistrate that the Petitioner would indulge in heinous crimes upon his release basis the past conduct of the Petitioner, is nothing but mere suspicion without any cogent evidence, it added.
Consequently, the plea sought revocation of the detention orders passed in 2024, under Section 3 of NSA.
The matter is deferred for August 28, for further consideration.
Mr. Siddharth Sihag, Advocate for the petitioner
Mr. Satya Pal Jain, Additional Solicitor General of India with Mr. Dheeraj Jain, Senior Panel Counsel for UOI
Mr. Deepak Baliyan, Addl. AG, Haryana
Title: PARVEEN ALIAS DADA VS UNION OF INDIA AND OTHERS