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IN THE HIGH COURT OF JUDICATURE AT BOMBAY AT AURANGABAD BENCH
VIBHA KANKANWADI, SANJAY A. DESHMUKH, JJ.
Pravin @ Don S/o. Gopal Tayade - Petitioner
Versus
The State of Maharashtra, Through the Secretary Home Department & Ors. - Respondents
Criminal Writ Petition No. 02 of 2025
Decided On : 04-02-2025
(A) Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-Offenders, Dangerous Persons and Video Pirates Act, 1981 - Article 226 of the Constitution of India - Detention order challenged - The petitioner contended that the detaining authority failed to connect him to the alleged offences, particularly those registered against unknown persons, and that the offences cited did not constitute a threat to public order. The court found that the detention order was based on insufficient evidence and procedural irregularities, leading to the conclusion that the petitioner was not a dangerous person as defined under the MPDA Act. (Paras 4, 8, 9)
(B) Preventive Detention - The court emphasized that mere allegations of criminal activity do not justify preventive detention unless they demonstrate a clear threat to public order. The Advisory Board's role is critical in reviewing detention orders to ensure they are justified and based on sufficient cause. (Paras 6, 8)
Facts of the case:
The petitioner challenged a detention order based on multiple offences, including theft and disturbance of public peace, arguing that the detaining authority did not adequately connect him to the crimes.
Findings of Court:
The court found the detention order illegal due to lack of evidence linking the petitioner to the alleged crimes and procedural lapses.
Issues: The main issues included whether the detaining authority had sufficient grounds to classify the petitioner as a dangerous person and whether the procedural requirements for detention were met.
Ratio Decidendi: The court ruled that the detaining authority must provide clear connections between the detenu and the alleged crimes, and that the Advisory Board must independently assess the justification for detention.
Result: The Writ Petition stands allowed, and the detention order is quashed.
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 Faijpur Police Station, District Jalgaon for the offence punishable under Section 379 read with Section 34 of Indian Penal Code, (iii) Crime No.142 of 2023 dated 29.06.2023 registered with Faijpur Police Station, District Jalgaon for the offence punishable under Section 379 of Indian Penal Code, (iv) Crime No.40 of 2024 dated 27.02.2024 registered with Savada Police Station, District Jalgaon for the offence punishable under Section 379 read with Section 34 of Indian Penal Code and (v) Crime No.57 of 2024 registered with Faijpur Police Station, District Jalgaon for the offence under Section 4 punishable under Section 25 of the Indian Arms Act and under Sections 112, 117, 135 of Maharashtra Police Act. It has been vehemently submitted on behalf of the petitioner that for passing detention order the detaining authority has considered in all five offences, however, out of them for three offences i.e. Crime No.136 of 2023, Crime No.140 of 2023, Crime No.142 of 2023, the FIR was lodged against unknown persons. It has not been stated in the impugned order that how thereafter the offence was connected to the present petitioner. Further, in Crime No.40 of 2024 it was alleged that the petitioner and his associates had stolen baby goat which independently cannot be the offence for issuing detention order. In respect of Crime No.57 of 2024 it is stated that the present applicant was found disturbing the piece of the society by shouting when he was holding iron sword. The detaining authority has not considered when the petitioner was released on bail in that offence. Perusal of the record would show that he was arrested on 03.03.2024 and produced before the concerned Court on 04.03.2024. On the same day, he had filed application for bail as he was taken in magisterial custody. Say of the investigating officer and learned APP was called and then on 06.03.2024, he has been released on bail. Though the objection was taken, yet the bail has been granted and the State has not challenged that order. Thus, all these facts would disclose that at the most law and order situation would have been created, but not the public order. Same is the case as regards the statements of in-camera witnesses ‘A’ and ‘B’. Further, it appears that all the offences pending since 2015 were considered by the detaining authority to categorize the petitioner as dangerous person, which is against law. Therefore, the impugned order is illegal and cannot be allowed to sustain.
5. Per contra, the learned APP strongly supports the action taken against the petitioner. He submits that the petitioner is a dangerous person as defined under Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-Offenders, Dangerous Persons and Video Pirates Act, 1981 (hereinafter referred to as the
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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