Govt. Can't Close Its Eyes Towards Atrocities Committed By Black Marketeers During COVID: MP HC Upholds NSA Detention

The Bench of Justice S. C. Sharma and Justice Shailendra Shukla was hearing the plea of one Neetu Agrawal, wife of Shri Deepak Agrawal, being aggrieved by order dated 24/09/2020 passed by District Magistrate, Neemuch, under Section 3(2) of the National Security Act, 1980 against her husband.

Case against the Petitioner's husband

Two cases were registered against the husband of the Petitioner for offences punishable under Section 420 of the Indian Penal Code, 1860 read with Section 3 and 7 of the Essential Commodities Act, 1955.

The FIR filed against him states that the petitioner had siphoned food grain, which was meant to be distributed to poor people under the Public Distribution System and had stored the same for black-marketing.

A report was forwarded to the Superintendent of Police by District Magistrate keeping in view Section 3(2) of the National Security Act, 1980 and the District Magistrate, based upon the report received, formed an opinion after following due process of law to pass an order under the National Security Act, 1980.

An order was passed on 24/09/2020. The order of detention was approved by the State Government vide order dated 03/10/2020 in the exercise of powers conferred under Section 3(4) of the National Security Act, 1980.

Thereafter, the Advisory Board constituted under Section 9 of National Security Act, 1980 confirmed the order of detention by an order dated 20/10/2020.

Arguments put forth

The petitioner's contention was that two cases have been registered against her husband and bail has been granted to her husband by an order dated 11/09/2020 and by an order dated 24/09/2020, in both the criminal cases.

It was argued that the impugned order passed by the respondents (detaining Petitioner's husband), suffers from total non-application of mind and only on the basis of registration of bailable offences against her husband, the order has been passed.

Court's Observations

This Court, in its order, observed,

"The petitioner was certainly a threat to public order as he was involved in siphoning the food grains meant for free distribution/distribution under PDS, especially in light of the COVID-19 Pandemic and therefore, there was sufficient ground in existence before the District Magistrate to pass an order under the National Security Act, 1980."

Further, the Court also noted,

"We are dealing with an extraordinary situation of COVID-19 Pandemic, people are dying out of hunger and the State Government cannot close its eyes towards the atrocities which are being committed by the black marketers, who are stopping the supply of food grains to the poor people and who are breaking the chain of supplies of food grain."

The Court also observed that in the instant case, the petitioner, by storing the food grains, which was supposed to be distributed free/under the Public Distribution System to poor people is certainly responsible for the offences under the Essential Commodities Act, 1955 as well as Indian Penal Code, 1860 and keeping in view COVID-19 Pandemic, the ingredients of Section 3 are fulfilled.

The Court also took into account the fact that a huge quantity of food grain was recovered from the godown of the husband of the petitioner and in this context, the Court said,

"As there is no error in the decision making procedure by the District Magistrate, the procedure prescribed under the Act has been followed and there was enough material to form an opinion, the question of interference by this Court does not arise."

Importantly, the Court remarked,

"We are dealing with a case during COVID-19 Pandemic and as already stated earlier people don't have a job, people are suffering on account of COVID-19 Pandemic, people don't have food to eat and the Governments are making all possible efforts to continue food supply to poor people and in such a scenario black-marketing is being done, supplies are being siphoned, supplies are being stored to gain profit."

Lastly, the Court said that there was ample material before the District Magistrate to form an opinion, the two cases registered against the husband of the petitioner are of very serious nature keeping in view COVID-19 Pandemic. Resultantly, the Writ Petition was dismissed.

Case title - Neetu Agrawal v. State of Madhya Pradesh and Others [Writ Petition No.15330/2020]

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