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M. S. SONAK, PUSHPA V. GANEDIWALA
Sayed Noor Sayed Nasir – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT/ORDER
M.S. SONAK, J. - Heard Mr. J.B. Kasat, learned counsel for the petitioner, and Mr. S.S. Doifode learned Additional Public Prosecutor for the respondents-State.
2. The challenge in this petition is to the detention order dated 2/3/2021 made under the provisions 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 (the said Act), inter alia on the ground that the detenue (Sayed Noor Sayed Nasir) is a "dangerous person ".
3. Mr. Kasat, learned counsel for the petitioner, has pressed the following four grounds in support of the petition:
(b) That, the detenue understands only Hindi language. The impug
Preventive detention orders must demonstrate subjective satisfaction regarding the imminent release of a detenue already in custody and must communicate grounds of detention in a comprehensible manne....
Detention orders under preventive laws must communicate grounds in a language understood by the detainee; failure to do so violates constitutional rights under Article 22(5).
Preventive detention is subject to strict scrutiny regarding procedural legality, including timely communication and justification for detention, especially when an individual is already in custody.
The main legal point established in the judgment is that the detenue, being illiterate, must have the grounds of detention explained to him in a language he understands, as mandated by Article 22(5) ....
Preventive detention requires a clear link between past conduct and future risk; failure to communicate grounds in an understandable language violates constitutional rights.
The subjective satisfaction of the detaining authority and the relevance of recent criminal activities and in-camera statements were central to the court's decision.
Preventive detention orders must be based on specific and substantiated grounds, with the detaining authority required to apply its mind independently to the facts of the case, and any significant de....
The detention order can be quashed if there is a delay in taking preventive action, non-consideration of bail, non-communication of grounds of detention, and illegible documents supplied to the detai....
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