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A. S. GADKARI, SHYAM C. CHANDAK
Gopal Suresh Malik – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT
Shyam C. Chandak, J. - By this Petition under Article 226 of the Constitution of India, Petitioner has questioned the legality of the Order dated 24th August 2023, passed under Section 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 of Essential Commodities Act, 1981 (for short 'the MPDA Act'), issued by the Respondent No.2-The Commissioner of Police, Thane thereby directing detention of the Petitioner. By the even dated Committal Order issued by the Respondent No.2, the Petitioner has been detained in Nashik Road Central Prison, Nashik.
2. Heard Mr. Amit Karva, learned Advocate for the Petitioner and Mr. Yagnik, learned A.P.P. for the State. Perused the Petition and the Affidavits-in-reply dated 09th February 2024, 24th January 2024 and 18th February 2024, filed by the Respondent Nos.1 to 3 respectively.
3. Even though the Petitioner has challenged the Detention Order on various grounds, as specifically raised in para 6 of the Petition, the learned Advocate for the Petitioner restricted his submissions to ground 'F' therein. In view o
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.
(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 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 ....
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.
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.
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....
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,....
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