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VINAY JOSHI, BHARAT P. DESHPANDE
Suraj @ Lalla Kalicharan Thakur (in Jail) – Appellant
Versus
State of Maharashtra, Home Department (Special), Through its Section Officer – Respondent
JUDGMENT :
Bharat P. Deshpande, J.
1. Rule. Rule made returnable forthwith. Heard the learned counsel for the parties with consent.
2. The petitioner through his father is questioning the legality or otherwise of the impugned order dated 20/10/2022 passed by respondent No.2 / District Magistrate, Amravati under Section 3(1) of 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), along with order passed by respondent No.1 dated 24/11/2022 confirming the detention, for a period of 12 months from the date of order of detention.
3. Shri Anil Mardikar, learned Senior Counsel appearing for the petitioner vehemently submitted that both the impugned orders are bad in law, without application of mind and without recording subjective satisfaction about the activities allegedly carried out by the detenue. He would submit that the detention order is basically violating the principles on four grounds. Firstly, he submitted that there is no interaction with the Witnesses 'A' and 'B' either by the Sub-Divisional Police Officer
The detention order must record subjective satisfaction on the basis of material placed before it and should not consider extraneous material. The delay in passing the detention order must be properl....
(1) Preventive detention – It is not open to detaining authority to simply refer to stale incidents and hold them as basis of order of detention.(2) Preventive detention – Disorderly behaviour of a p....
Criminal activities - Detention order - Both predicate offences, in our view, do not shed light on the activities, which had propensity to cause or calculated to cause harm, danger or alarm or a feel....
The judgment establishes the importance of a clear nexus between alleged activities and disturbance of public order to justify preventive detention under the MPD Act, emphasizing the need for subject....
Preventive Detention – Dangerous Person – Detention order set aside - It is well settled that subjective satisfaction requisite on part of detaining authority, formation of which is a condition prece....
Compliance with formalities prescribed by the MPDA Act, opportunity of making representation, and valid subjective satisfaction of the Detaining Authority are crucial for upholding a detention order ....
The detention order must be based on material that constitutes a breach of public order, and the authority must record its subjective satisfaction on the basis of consideration of material before it.
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