Madhya Pradesh High Court Imposes Rs 2 Lakh Fine on Collector for Wrongful NSA Detention

The Madhya Pradesh High Court has imposed severe penalties on the Shahdol district administration for improperly applying the National Security Act (NSA) against an innocent individual, initiating contempt proceedings against the district collector and mandating a personal fine of Rs 2 lakh.

Justices Vivek Agarwal and AK Singh, forming the division bench, identified critical procedural failures in the NSA order issued by Shahdol Collector Dr Kedar Singh. These failures resulted in Sushant Vaishya's unjust imprisonment for more than a year. The court critically observed, "Clerks write orders, and officers merely sign them," highlighting the administration's careless approach to the case.

The court directed Collector Dr Kedar Singh to personally compensate Sushant Vaishya with Rs 2 lakh for his unlawful detention. Furthermore, the collector received a contempt notice for submitting a misleading affidavit, with the next hearing scheduled for November 25.

This legal matter began when Hiramani Vaishya, a Shahdol farmer, filed a petition challenging the NSA proceedings against his son. He highlighted that the Collector's order dated September 9, 2024, erroneously named Neerajkant Dwivedi instead of his son, revealing significant clerical and procedural errors. The High Court learned that the Collector based his decision solely on statements from sand contractor employees without examining any independent witnesses.

During court proceedings, the Collector acknowledged mistakenly writing Dwivedi's name but claimed both individuals' cases were heard simultaneously. The bench dismissed this explanation, describing it as an "alarming sign of bureaucratic carelessness." The court also noted that the Additional Chief Secretary (Home) had approved the flawed NSA order without proper review.

The bench emphasized that invoking NSA represents an extreme measure intended only for individuals who genuinely threaten public order. "It cannot be used as a tool of convenience," the judges remarked, expressing concern over the law's misapplication.

The court instructed the Chief Secretary to evaluate the NSA proceedings and take disciplinary action against both Collector Dr Kedar Singh and ACS (Home) SS Shukla. It also demanded the complete NSA approval process file from the Shahdol administration to verify compliance with proper legal procedures.

Brimendra Pathak, the petitioner's counsel, revealed that the 2022 criminal case cited to justify the NSA order had already been resolved through a Lok Adalat, rendering the Collector's decision "baseless and malicious."