Madhya Pradesh High Court Questions Propriety of NSA Invocation Based on Social Media Inputs
Court Seeks Explanations from Authorities and Social Media Platforms Over Unprecedented Use of National Security Act
In a landmark case, the Madhya Pradesh High Court has raised serious questions regarding the propriety of invoking the National Security Act (NSA) based on social media inputs without allowing for a comprehensive examination by the executive. The case, titled "Court On Its Own Motion v. State of Madhya Pradesh," came into the spotlight after a co-ordinate bench of the court took suo motu cognizance of an incident reported on various social media platforms.
The incident, which allegedly occurred around October 10th or 11th, 2025, in Gram Satariya, led the High Court to direct the invocation of the NSA, despite acknowledging in its earlier order that such a decision typically falls within the realm of executive discretion. The court noted that the District Magistrate and the Superintendent of Police acted on oral orders without the official communication of a signed court order or proper registration of the case.
Senior Advocate Naman Nagrath, representing the petitioner, argued that the cognizance taken was based on incomplete facts and questioned the appropriateness of the court's directive to invoke the NSA. He highlighted that the orders were executed without uploading them on the High Court's official website and without a certified copy, which he termed as an act of impropriety.
Additional Advocate General Smt. Janhavi Pandit defended the actions of the police, stating that the Superintendent of Police was present through video conferencing when the orders were dictated and acted accordingly. However, this explanation did not satisfy the court, which has now directed the concerned authorities to file affidavits explaining the material and basis for invoking the NSA.
The High Court has also issued notices to social media platforms, including YouTube Channels such as Satya Hindi-MP, Punjab Kesari, and Lallantop, asking them to verify the correctness of the materials uploaded about the incident. These platforms have been requested to file their responses electronically by October 16, 2025.
The court's decision underscores the complexities of balancing national security concerns with procedural propriety and due process. The case has been adjourned to October 17, 2025, for further proceedings, where the affidavits and responses from social media platforms will be crucial in determining the next course of action.
Bottom Line:
Suo Motu cognizance of an incident taken by a co-ordinate bench of the High Court based on social media inputs - Questions raised on the propriety of invoking the National Security Act, 1980 without allowing the executive to examine the matter comprehensively and without a certified copy of the court order or proper registration of the case.
Statutory provision(s): National Security Act, 1980 Section 3(2), Bharatiya Nyaya Sanhita, 2023 Section 196(2), 352, 351(2)
