The Bombay High Court has set aside the preventive detention of a man under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons, Video Pirates, Sand Smugglers and Persons Engaged in Black-Marketing of Essential Commodities Act, 1981 (MPDA Act), holding that the unexplained delay of 27 days in processing the detention proposal rendered the order invalid.
The petitioner was detained pursuant to an order dated January 10, 2025, passed by the Commissioner of Police, Pune, on the basis of one FIR, and two in camera statements recorded in December 2024. The sponsoring authority had submitted its proposal for detention on December 13, 2024, which was placed before the detaining authority only on January 9, 2025, resulting in a delay of 27 days.
While the State contended that the proposal was examined through various levels before approval, the Bench observed that the detaining authority had failed to provide any plausible or satisfactory explanation for the delay.
Referring to the Supreme Court’s rulings in T.A. Abdul Rahman v. State of Kerala, (1989) 4 SCC 741, and Pradeep Nilkanth Paturkar v. S. Ramamurthi, 1993 AIR SCW 4066, the Bench reiterated that any undue or unexplained delay in issuing a preventive detention order casts serious doubt on the genuineness of the authority’s subjective satisfaction.
Holding that the delay vitiated the detention order, the Division Bench quashed and set aside the detention order, and directed that the petitioner be released forthwith.
Appearances
Petitioner: Mr. Shailesh Kharat with Mr. Onkar Chaudhari and Mr. Vishwajeet Nimbalkar
Respondent: Mr. Shreekant V. Gavand, APP
