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REVATI MOHITE DERE, V. G. BISHT
Ram Raju – Appellant
Versus
Commissioner Of Police Pune – Respondent
JUDGMENT
V.G.BISHT, J. - Rule. Rule made returnable forthwith and heard finally with the consent of learned counsel for the parties.
2. The Commissioner of Police, Pune City, in exercise of the powers conferred under Sec. 3(2) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons, Video Pirates, Sand Smugglers and Persons engaged in Black-marketing Essential Commodities Act, 1981, (M.P.D.A. Act for short) read with Government order, Home Department (Special) No.MPDANo.0612/CR-151/Spl-3B dtd. 30/6/2021 has ordered the detention of Ram Raju alias Jatalya Umap, resident of Sr.No.54/2 Aannabhau Sathe Vasahat, Aranneshwar Pune (hereinafter referred to as the detenue) vide order No.PCB/DET/2357/2021 dtd. 3/11/2021.
3. Pursuant to this order, the State Government vide order dtd. 6/11/2021 approved the detention and directed the detenue to be detained on the basis of record submitted by the Advisory Board constituted under M.P.D.A. Act. The detention order dtd. 3/11/2021 is impugned in the present petition.
4. Facts, leading to the present petition, in brief, are as under :
(a) The first and second incident took place on 15/5/2021
The main legal point established in the judgment is that the detention under the Maharashtra Prevention of Dangerous Activities Act, 1981 should be based on activities that affect 'public order' and ....
Preventive detention requires clear evidence of public order disturbance; failure to meet this standard renders the detention order illegal.
Preventive detention orders must be based on sufficient material demonstrating a threat to public order, and arbitrary or capricious exercise of power renders such orders illegal.
(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....
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....
The detention order must be based on sufficient and justifiable evidence to prevent acts prejudicial to public order.
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 distinction between 'law and order' and 'public order' is critical in determining the legality of preventive detention, focusing on the potential societal impact of an individual's actions.
Detention orders under the Maharashtra Prevention of Dangerous Activities Act must include a thorough assessment of the detainee's criminal history and the public order implications of their actions,....
Unexplained 133-day delay from last prejudicial act snaps live link, vitiating preventive detention order. Solitary individualistic offence affects law and order, not public order justifying detentio....
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