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REVATI MOHITE DERE, GAURI GODSE
Rushikesh Sunil Bagul – Appellant
Versus
Commissioner of Police Pune City – Respondent
JUDGMENT/ORDER
GAURI GODSE, J. - By this petition, the petitioner prays for quashing and setting aside the order of detention bearing No. CRIME/PCB/DET/BAGUL/10/2023 dtd. 24/1/2023 issued by the Commissioner of Police, Pune City-Respondent No. 1 under Sec. 3 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 (hereinafter referred to as 'MPDA Act').
2. In the exercise of powers conferred under Sub-Sec. 2 of Sec. 3 of the MPDA Act, the impugned detention order was passed on 24/1/2023. A perusal of the detention order indicates that the detaining authority has recorded that with a view to preventing the applicant from acting in any manner prejudicial to the maintenance of public order, it is necessary to make an order directing him to be detained.
3. The petition raises various grounds for challenging the order of detention; however, learned counsel for the petitioner has mainly relied upon the ground raised in paragraph 5 (f) on page 9 of the petition, which reads as under:
<WXY>"(f) The petitioner says and submits that
The court established that delays in processing representations against detention orders, especially when unexplained, violate constitutional rights and can lead to the quashing of such orders.
Delays in the consideration of representations against detention orders, when not satisfactorily explained, can render such detention unconstitutional and illegal, violating the rights of the detaine....
Delay in considering the representation of a detenu, especially when the liberty of the detenu is at stake, renders the continued detention impermissible and invalid as being violative of Article 22(....
Delay in considering the detenu's representation by the State Government violated the detenu's constitutional right under Article 22(5) of the Constitution of India, rendering the detention order inv....
The main legal point established in the judgment is the requirement for expeditious consideration of representations challenging detention orders and the impact of unreasonable delay on the legality ....
Delay in execution of detention Order - The unreasonable delay in executing order created a serious doubt regarding genuineness of detaining authority as regards immediate necessity of detaining peti....
The central legal point established in the judgment is the requirement for prompt consideration and disposal of representations in cases involving the curtailment of an individual's liberty, as guara....
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