Wrongful NSA detention of son pushes farmer into debt, family into distress

Bhopal: In a case of administrative negligence, a farmer was forced into debt and legal struggle to save his son from wrongful detention under the NSA in Madhya Pradesh, while his pregnant daughter-in-law endured severe mental distress amid the ordeal.

The Madhya Pradesh High Court recently imposed a fine of Rs 2 lakh on Shahdol Collector Kedar Singh in connection with wrongful action taken under the National Security Act (NSA) against Sushant Bais, who said that he spent one year and five days in jail.

However, a former senior police official and a human rights activist said this does not compensate for the agony suffered by the family.

Sushant, who was released in September this year, has returned to his village Saman in Shahdol district. He spoke to PTI about the trauma his family faced, including a Rs 2 lakh debt incurred by his father in the fight to save him.

"There were a lot of problems. I didn't have the money to fight the case. So I had to stay in jail for a year. My father somehow managed to arrange the money. We borrowed it from here and there, and some relatives helped," he said.

His father owns three acres of land, and the family survives on farming.

Sushant, a graduate, said his wrongful detention has ruined his job prospects.

"Now, who will give me a job? So I help my father with farming," the victim said.

He was married in February last year and jailed in September. His wife, pregnant at the time, gave birth to a daughter in March this year while he was still imprisoned.

"My entire family faced problems, and my wife also suffered mental agony. There were also social problems because the action taken against me was related to national security," he said.

Madhya Pradesh's former Director General of Police S C Tripathi called it a case of complete "administrative negligence".

The court has now imposed a fine of Rs 2 lakh on the collector, he noted without commenting on it further. But that this does not compensate for the loss suffered by the family, he added.

A former member of the Madhya Pradesh Human Rights Commission also said the victim has lost more than a year of his life, and Rs 2 lakh cannot compensate for it.

The victim's family should appeal to the National or State Human Rights Commission and seek compensation, he said on condition of anonymity.

The commission can also hold the state government accountable, he added.

In his petition, Sushant's father Hiramani Bais, had claimed that Shahdol Superintendent of Police (SP) sent a report to the collector on September 6, 2024, requesting NSA action, and Collector Singh passed the NSA order on September 9 last year without recording the statement of any independent witness.

He also said in the petition that the criminal case for which his son was booked under the NSA had already been settled through a Lok Adalat.

The petition alleged that the SP had recommended NSA against one Neeraj Kant Dwivedi. However, Collector Singh, instead, ordered NSA against Sushant, leading to him spending a year in jail.

During the hearing, Collector Singh admitted the NSA order mistakenly mentioned Sushant Bais' name instead of Dwivedi.

His lawyer argued that the cases of Neeraj and Sushant were heard together, and the factual error took place because of this.

An affidavit filed by Additional Chief Secretary (Home) said the NSA order was sent to the state government for approval, but due to a typing error, Sushant's name was mentioned in place of Neeraj Kant Dwivedi in the order. The affidavit said a notice has been issued to the clerk seeking a response.

The HC, in its recent order, issued a contempt notice to Collector Singh and said he would have to pay the fine from his own pocket. The court ordered the amount to be deposited in the account of the petitioner's son.

It also directed the collector to appear for the next hearing later this month in the matter.