Extracted from the PDF above. The PDF is authoritative.
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CGHC010383302026
2026:CGHC:42722-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 569 of 2026 Lalla @ Tuman Sonwani S/o Kamal Sonwani Aged About 24 Years R/o Sadar Road, Nawapara, P.S. Gobara Nawapara, Distt. Raipur, Chhattisgarh.
... Petitioner versus 1 - State Of Chhattisgarh Through The Superintendent Of Police, Raipur, Distt. Raipur, Chhattisgarh. 2 - Collector Cum Detaining Authority Raipur, Distt. Raipur, Chhattisgarh. 3 - Station House Officer Police Of Police Station Gobara Nawapara, Distt. Raipur, Chhattisgarh.
... Respondents For Petitioner : Mr. Priyanshu Gupta, Advocate on behalf of Mr. Jitendra Shukla, Advocate. For Respondent No.1/State : Ms. Anuradha Jain, Dy. Govt. Advocate. DB: Hon'ble Shri Justice
Narendra Kumar Vyas &
Hon’ble Shri Justice
Sudhir Kumar
Order on Board 01.10.2026 Per
Narendra Kumar Vyas, J
1. The petitioner had preferred a petition under Article 226 of the Constitution of India assailing the order dated 31.07.2026 passed by the respondent No.2 wherein Respondent No.2 exercised to power under Section 3(2) of the National Security Act, 1980 (in RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI
2 short ‘Act of 1980’) and has passed the impugned order herein where the petitioner has detained for a period of three months.
2.
Facts of the case
:- The petitioner is assailing the order dated 31.07.2026 passed by Respondent No.2, whereby Respondent No.2, in exercise of the powers conferred under Section 3(2) of the National Security Act, 1980, has passed an order directing the detention of the petitioner. Section 3(2) empowers the competent authority to pass a detention order, inter alia, with a view to preventing a person from acting in any manner prejudicial to the security of the State or the maintenance of public order. Pursuant to the aforesaid detention order, the petitioner has been detained in jail for a period of three months.
3.
Learned counsel for the petitioner submits that the finding recorded by the learned District Magistrate that 14 cases are still pending against the petitioner and he is creating terror by which public safety has been disrupted and has been endangered in nearby areas, is misconceived, perverse and illegal finding which is liable to quashed by this Court.
4.
Learned counsel for the petitioner further submits that, out of the 14 criminal cases referred to against the petitioner, the petitioner has already been acquitted in 09 cases, and only 05 cases are presently pending consideration before the competent Court. Accordingly, learned District Magistrate has passed the impugned order dated 31.07.2026. Thereafter, the petitioner has
3 preferred a representation dated 31.08.2026 before the Chief Secretary, Department of Home, Government of Chhattisgarh, which is still pending. Learned counsel for the petitioner further submits that this petition may be disposed of directing the concerned respondent authority to consider and decide the pending representation of the petitioner dated 31.08.2026 (Annexure P/1) in accordance with law within a reasonable period as fixed by this Court.
5. Learned State counsel submits that since the limited prayer of the petitioner is to decide the pending representation of the petitioner, if the Court directs, the same shall be decided by the respondent authority within a period of 15 days in accordance with law.
6. I have heard learned counsel for the parties and perused the documents available on record.
7. In view of the aforesaid submissions and considering the limited prayer made by learned counsel for the petitioner, the present petition is disposed of with a direction to the concerned respondent authority to consider and decide the pending representation dated 31.08.2026 (Annexure P/1), submitted by the petitioner, strictly in accordance with law and on its own merits, after taking into consideration all the relevant facts and circumstances of the case. The aforesaid exercise shall be completed expeditiously, preferably within a period of 15 days
4 from the date of receipt of a copy of this order.
8. It is further made clear that this Court has not expressed any opinion on the merits of the case.
9. With aforesaid observation, the present writ petition criminal is
disposed of.
10. Let a certified copy of this order be sent to the Chief Secretary, Department of Home, Government of Chhattisgarh, for necessary information and compliance, forthwith. Sd/- Sd/- (Narendra Kumar Vyas) Judge (Sudhir Kumar) Judge Rajshekhar