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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BHARATI DANGRE, MANJUSHA DESHPANDE
Abhijeet Kisan @ Revan Bandgar – Appellant
Versus
Commissioner of Police, Solapur – Respondent
| Table of Content |
|---|
| 1. challenging order of detention. (Para 1 , 2 , 3) |
| 2. arguments on grounds for quashing detention. (Para 4 , 7 , 11 , 14) |
| 3. court's observations on timely forwarding of reports. (Para 5 , 6 , 12) |
| 4. public disturbance due to petitioner's actions. (Para 8 , 9) |
| 5. distinction between public order and law and order. (Para 10 , 19 , 20) |
| 6. writ petition dismissed. (Para 22) |
JUDGMENT :
MANJUSHA DESHPANDE, J.
1. The Petitioner herein is challenging the Order of Detention dated 22.12.2023, passed by the Respondent No.1 i.e. the Commissioner of Police, Solapur. The Petitioner has been served with the Committal Order and the Grounds of Detention alongwith the compilation of documents. The Petitioner on receiving the said documents, addressed a representation to the State Government on 05.03.2024, through the Jail Authorities, for consideration and revocation of the Order of Detention.
2. The Petitioner herein is seeking directions to quash and set aside the Order of Detention dated 22.12.2023, issued under Section 3 of the Maharashtra Prevention Of Dangerous Activities of Slumlords, Bootleggers, Drug-Offenders, Dangerous Persons, Video Pirates, Sand Smugglers And Persons Engaged In
Detention under the MPDA Act upheld despite procedural challenges; statutory requirements satisfied, and evidence showing disturbance to public order supports detention decision.
Procedural adherence in detention orders under the MPDA Act mandates effective communication and timeliness.
Preventive Detention – Dangerous Person – Detention order set aside - It is well settled that subjective satisfaction requisite on part of detaining authority, formation of which is a condition prece....
Minor typographical errors in translation and formulation of grounds of detention do not invalidate a detention order if the detaining authority has valid reasons to believe that the detainee's activ....
Preventive detention orders must demonstrate subjective satisfaction regarding the imminent release of a detenue already in custody and must communicate grounds of detention in a comprehensible manne....
Detaining authorities must address representations in preventive detention cases without undue delay to comply with constitutional mandates, or the detention order becomes invalid.
Preventive detention is subject to strict scrutiny regarding procedural legality, including timely communication and justification for detention, especially when an individual is already in custody.
order of detention - Challenged - Once detenu has been informed suffcient particulars of material allegations against him so as to enable him to make an effective representation there is no merit in ....
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