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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
SMT. VIBHA KANKANWADI, SANJAY A. DESHMUKH, JJ
Dhiraj S/o Rajendra Pawde – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT :
Vibha Kankanwadi, J.
Heard learned Advocate Mr. S. C. Bhosle for the petitioner and learned APP Mr. A. D. Wange for the respondents – State.
2. Rule. Rule made returnable forthwith. The petition is heard finally with the consent of the learned Advocates for theparties.
3. The petitioner challenges the detention order dated 05.07.2024 bearing No.DC/Desk-9C1/816/2024 passed by respondent No.2 as well as the approval order dated 12.07.2024 and the confirmation order dated 19.08.2024 passed by respondent No.1, by invoking the powers of this Court under Article 226 of the Constitution of India.
4. Learned Advocate for the petitioner has taken us through the impugned orders and the material which was supplied to the petitioner by the detaining authority after passing of the order. He submits that though several offences were registered against the petitioner, yet for the purpose of passing the impugned order, one offence was considered i.e. Crime No.18 of 2024 registered with Sangamner City Police Station, District Ahmednagar for the offences punishable under Sections 324, 323, 504, 506 read with Section 34 of Indian Penal Code. The detaining authority has relied on the aforesaid o
Detention orders require a clear nexus between past offences and current threats to public order, with strict adherence to legal standards for justifying detention.
Detention orders must be based on sufficient material demonstrating a disturbance to public order; otherwise, they cannot be sustained.
Detention orders require strict compliance with legal standards, and reliance on outdated offences without current danger is insufficient for justifying detention.
Detention orders require strict compliance with procedural safeguards, and insufficient evidence undermines the justification for categorizing an individual as a dangerous person.
Detention orders must be based on verified evidence and proper consideration of a petitioner's rights, failing which they are deemed illegal.
Illegal detention orders must comply with strict legal standards regarding public order.
Preventive detention requires clear evidence linking the detenu to alleged crimes, and mere allegations do not justify detention unless they threaten public order.
Preventive detention lacks justification if ordinary laws suffice to address the alleged misconduct, emphasizing the importance of subjective satisfaction by the detaining authority.
Detention orders must establish a live link between past offences and current threats to public order; mere historical offences are insufficient for detention.
Detention orders require strict compliance with legal standards, including a clear subjective satisfaction by the detaining authority, which was not met in this case.
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