MADHYA PRADESH HIGH COURT ISSUES JUDGEMENT ON ZEESHAN REHMAN V/S THE STATE OF MADHYA PRADESH AND OTHERS

JABALPUR, India, Dec. 4 -- Madhya Pradesh High Court issued the following judgment/order on Nov. 4:

1. The instant writ appeal has been preferred by the appellant under Section 2(1) of the Madhya Pradesh Uccha Nyaylaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 impugning order dated 16.09.2025 passed by learned single Judge dismissing W.P.No.5018/2025 whereby the order dated 04.02.2025 passed by the Police Commissioner, Bhopal directing the the appellant to mark his presence on 15th day of every month to the nearest Police Station was upheld.

2. Heard Shri Amit Khatri, learned counsel for the appellant and Shri Anubhav Jain, learned Government Advocate for the respondent/State for the purpose of final disposal.

3. Short facts of the case are that the Station House Officer, Police Station, Kotwali District Bhopal forwarded a recommendation to the Police Commissioner, Bhopal to initiate proceedings against the appellant under Section 5(a) & (b) of the M.P. Rajya Suraksha Adhiniyam, 1990 (for short, 'the Act, 1990') along with the criminal record of the appellant. A show cause notice was issued under Section 8(1) of the Act, 1990 by the Police Commissioner and in reply, the appellant pointed out that he has already been acquitted in most of the cases and only one case is pending against him. It is further stated in the reply by the appellant that no ground is available to pass any prohibitory order under the provision of Act, 1990. After consideration of the application submitted by the Station House Officer, City Kotwali, Bhopal and the reply submitted by the appellant, the Police Commissioner passed the order on 05.11.2024 whereby the prohibiting order was passed under Section 3(1) (a) of the Act, 1990 and direction was issued to the appellant to mark his presence on 15th day of every month in Police Station, Kotwali, Bhopal. The order passed by the Police Commissioner Bhopal was challenged by appellant in Appeal No.118/2024-2025 before the Divisional Commissioner, Bhopal Division, Bhopal under Section 9 of the Act, 1990, which was dismissed by order dated 04.02.2025. Both the orders i.e. 05.11.2024 passed by the Police Commissioner, Bhopal and order dated 04.02.2025 passed by the Divisional Commissioner, Bhopal were challenged by the appellant in W.P.No.5018/2025 on various grounds inter alia only one criminal case is pending against the appellant and the prohibitory order to mark his presence before the Police Station on 15th day of every month is in violation of his personal liberty guaranteed by the Constitution of India and the orders passed by the respondents are contrary to the various judgments delivered by the High Court, wherein the High Court has held that in the absence of any evidence of disturbance or its impact upon the lives of citizens or society or the people of locality by the activity of a person who acted in any manner prejudicial to the maintenance of public order, no one can be prohibited by the prohibitory order.

*Rest of the document can be viewed at: (https://mphc.gov.in/upload/jabalpur/MPHCJB/2025/WA/2900/WA_2900_2025_FinalOrder_04-11-2025_digi.pdf)

Disclaimer: Curated by HT Syndication.