The Madhya Pradesh High Court in the case Kanchan Shukla vs. State of Madhya Pradesh observed and has seek the response of the State governments in the petition wherein it challenged the invocation of the National Security Act in order to detain Pravesh Shukla, who in the case allegedly urinated on the tribal man in the Sidhi district of the state.
The Division bench comprising of Chief Justice Ravi Malimath and Justice Vishal Mishra in the case observed and has issued the notice to the State Government on July 17, 2023 wherein seeking its response within the period of two weeks.
In the present case, the Habeas Corpus plea was filed before the court by Kanchan Shukla, wife of Accused-Pravesh Shukla, averring that the detention order, passed by Sidhi District Collector does not indicate the right to make a representation against the order.
The court in the case observed and has recalled that Pravesh Shukla has been accused of urinating upon a tribal man. Therefore, the video of the incident had gone viral on social media. Thereafter, he was being arrested and was booked under various section of Indian Penal Code, the Schedule Caste and the Schedule Tribe Act and was under the NSA.
The petition was moved by his wife wherein it has been stated that the detention order not being the reasoned one and also it is not for a specified period and hence, the fundamental rights of the petitioner are violated.
The petitioner in the plea also stated that the detention order is contrary to Article 22 (5) of the constitution of India wherein it is provided the person so detained, a right to make a representation against the detention not only before the advisory board but also to the detaining authority. It has also been alleged in the plea that Shukla has been arrested due to political reasons.
Therefore, the Sidhi Urination incident caused a huge uproar in the state, thus, following which the CM of the State, Shivraj Singh Chauhan apologized to the victim and washed his feet at his official residence.