Sidhi urination case: Madhya Pradesh High Court dismisses plea by wife of accused against NSA detention

The Madhya Pradesh High Court on Monday dismissed a habeas corpus plea challenging the detention of Pravesh Shukla under the National Security Act (NSA) in the Sidhi urination case. [Kanchan Shukla vs State of Madhya Pradesh]..The habeas corpus plea was filed by Pravesh Shukla's wife after he was arrested in the wake of a viral video which showed him urinating on a tribal man, Dashmat Rawat..The High Court, on Monday, noted that with this one act, Pravesh Shukla threatened the peace and tranquility in the State. A bench of Chief Justice Ravi Malimath and Justice Vishal Mishra, therefore, refused to set aside Shukla's detention under the NSA."Just one act of the detenu had threatened the peace and tranquility in the State. Therefore, we are of the view that this is a fit case where the NSA has been invoked in order to prevent the repetition of such offences," the Court said in its October 9 order. .Substantial material has been produced by the State government to indicate a serious law and order situation was created by Shukla's act in the entire State of Madhya Pradesh, the Court added."The photographs were also published in various electronic and other media. The act of the detenu urinating on the concerned man had infuriated the society throughout the State of Madhya Pradesh and other parts of the country also. A communal angle was also sought to be canvassed in various social media. The public had become restless and infuriated. They were likely to take law onto their hands," the Court observed..The situation was getting out of control and immediate steps had to be taken by the State to prevent deterioration of the law and order in the State, the Court further noted before dismissing the habeas corpus petition..In the habeas corpus plea, Kanchan Shukla (wife of Pravesh Shukla) claimed that her husband was detained due to political influence. She alleged that Chief Minister Shivraj Singh Chauhan 'guided' the Collector to invoke the provisions of stringent NSA to detain her husband.She also raised concern that the detention order did not specify the duration for which Parvesh would be held, nor did it provide any specific rationale for his detention."The detenu cannot be detained for an indefinite period and the same would not be justified for the his family," the plea had said.The High Court issued notice to the State government on the plea in July and subsequently reserved its judgment in the matter on September 22..The Court has now dismissed the plea after concluding that no ground has been made out to interfere with the NSA detention. "There is no infraction of law by the authorities. Subjective satisfaction by the authorities are based on the facts and circumstances involved," the Court said. .Advocate Aniruddh K Mishra represented Kanchan Shukla.Advocate BD Singh represented the respondent-authorities. .[Read Order]