Jabalpur/Raisen: The Madhya Pradesh High Court here has directed immediately release of five persons detained under National Security Act (NSA) on charges of alleged cow slaughter and beef consumption on the ground that they were not informed about their right to appeal against imposition of NSA to the central government.
The accused persons were initially arrested in June 27 this year under Madhya Pradesh Gau-Vansh Vadh Pratishedh Adhiniyam (Madhya Pradesh prohibition of slaughter of cow- progeny (amendment) Act 2011. But they were released on bail later. However, Raisen District Collector, on the basis of a Begumganj Police Station in-charge report, ordered to detain them under NSA as over five-kilogram beef was recovered from their refrigerator on July 25. The accused, identified as Asram, Shahid, Aslam, Irshad and Izran, were subsequently arrested on July 29 and sent to jail. The beef was sent to a laboratory for a test and its report is still awaited.
On October 3, a division bench of Chief Justice A M Khanwilkar and Justice Sanjay Yadav observed that “the continued detention of the concerned detenus will have to be held as illegal and untenable.” The court then directed the detaining authority to release them forthwith, if not required in any other criminal cases. The accused appealed against their detention order on the sole ground that the detaining authority did not inform the arrested persons about their right to make representation to the union government against their detention order.
In the detention order, there was mere reference of the state government and not that of the union government to make representation, following which the court set aside the detention order and ordered for their immediate release. However, they are not yet released by concerned authorities. PTI
