The Madhya Pradesh High Court has directed 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 arrested on June 27 under Madhya Pradesh Gau—Vansh Vadh Pratishedh Adhiniyam (Madhya Pradesh prohibition of slaughter of cow— progeny (amendment) Act 2011.
They were released on bail later. However, Raisen District Collector, on the basis of a Begumganj Police Station in—charge report, ordered their detention under NSA as over five kilogram beef was recovered from their refrigerator on July 25.
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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 detainees concerned 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.
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The accused appealed against their detention order on the 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.