The detention order must be based on sufficient and justifiable evidence to prevent acts prejudicial to public order.

JUDGMENT

V.K.JADHAV,J. - Heard.

2. Rule. Rule made returnable forthwith. Heard finally with consent of parties, at admission stage.

3. By way of this criminal writ petition, the petitioner is challenging the order of detention dtd. 6/12/2020 passed by respondent no.1 under sec. 3(1) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-offenders, Dangerous Persons and Video Pirates Act, 1981 (for short herein after referred to as the MPDA Act). Said order of detention against the petitioner was confirmed by the Advisory Board, Mumbai as well as by the Government of Maharashtra by order dtd. 21/1/2021.

4. Being aggrieved and dissatisfied with the said order of detention, the petitioner/detenu invokes writ jurisdiction of this Court on the ground that said order has violated the fundamental rights of the detenu.

5. In pursuance of the provisions of sec. 8 of the MPDA Act, respondent no.1 has communicated the grounds on which the detention order has been passed under sub-sec. (2) of sec. 3 of the MPDA Act. Respondent no.1 has mainly considered the following grounds to pass the impugned detention order against the petitioner.

i] The petitioner is a "dangerous person' as defined under sec. 2 (b-1) of the MPDA Act.

ii] The petitioner's criminal activities are prejudicial to the maintenance of the public order.

iii] On the basis of the in-camera statements of two witnesses, the petitioner's activities are considered to be dangerous, habitual and prejudicial to the maintenance of the public order.

6. Learned counsel for the petitioner submits that the detaining authority has passed the detention order in a mechanical and casual manner. The impugned order indicates non-application of mind of the detaining authority. The learned counsel for the petitioner submits that though the detaining authority has referred 16 to 17 crimes and two preventive detention orders against the petitioner as a past history, however, the detaining authority has passed the impugned order of detention on the basis of the sole crime no.303 of 2020 registered with Majalgaon City Police Station, wherein the date of incident is 21/9/2020 and further on the basis of two in-camera statements of the witnesses in respect of the incident allegedly taken place on 14/9/2020 and 19/9/2020, respectively. Learned counsel for the petitioner submits that, there is a considerable gap between recording of the said incamera statements and passing of the impugned order. So, there is hardly a proximate or live-link between the material on which the authority has passed the impugned detention order. Learned counsel for the petitioner submits that the in-camera statements of two witnesses have not verified by the detaining authority personally to ascertain as to whether the persons are not coming forward to give evidence against the petitioner in public by reason of his terror. Learned counsel for the petitioner submits that, even if the said crime no.303 of 2020 is considered, the incident allegedly had taken place in two parts, firstly, in front of the house of the complainant and, secondly, at the police station. The petitioner was not at fault and, even then, crime has been registered against him. Learned counsel submits that, sec. 3 of the MPDA Act is not attracted. The order of detention is illegal and is liable to be revoked and set aside. Learned counsel for the petitioner submits that there is no evidence to indicate that prejudicial activities as alleged of the petitioner has affected the public at large or larger segment of the society, which is requirement of the disturbance to the public order. Learned counsel for the petitioner submits that the petitioner has studied only up to 5th standard in Marathi Medium. There are various vital documents in the compilation which are in English language. However, the translated copies are not supplied to the petitioner, consequently, the petitioner is deprived from making any effective representation.