IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
SMT. VIBHA KANKANWADI, SANJAY A. DESHMUKH, JJ.
Pravin @ Don S/o. Gopal Tayade – Appellant
Versus
State of Maharashtra, Through the Secretary Home Department – Respondent
JUDGMENT :
(Vibha Kankanwadi, J.)
1. Heard learned Advocate Mr. A. L. Kanade for the petitioner and learned APP Mr. A. M. Phule for the respondents – State.
2. Rule. Rule made returnable forthwith. The petition is heard finally with the consent of the learned Advocates for the parties.
3. The petitioner challenges the detention order dated 26.08.2024 bearing No.Dandapra/KAVI/M.P.D.A./33/2024 passed by respondent No.2 as well as the approval order dated 05.09.2024 and the confirmation order dated 11.10.2024 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, five offences were considered i.e. (i) Crime No.136 of 2023 dated 28.06.2023 registered with Faijpur Police Station, District Jalgaon for the offence punishable under Section 379 of Indian Penal Code, (ii) Crime No.140 of 2023 dated 29.06.2023 registered with F
Preventive detention requires clear evidence linking the detenu to alleged crimes, and mere allegations do not justify detention unless they threaten public order.
Detention orders require strict compliance with legal standards, and reliance on outdated offences without current danger is insufficient for justifying detention.
Detention orders require a clear nexus between past offences and current threats to public order, with strict adherence to legal standards for justifying detention.
Illegal detention orders must comply with strict legal standards regarding 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 require strict compliance with procedural safeguards, and insufficient evidence undermines the justification for categorizing an individual as a dangerous person.
Preventive detention requires objective satisfaction by authorities based on relevant material demonstrating a clear threat to public order; mere past conduct without a live link to present behavior ....
Detention orders must be based on sufficient material demonstrating a disturbance to public order; otherwise, they cannot be sustained.
Detention orders must be based on verified evidence and proper consideration of a petitioner's rights, failing which they are deemed illegal.
Detention orders must establish a live link between past offences and current threats to public order; mere historical offences are insufficient for detention.
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