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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
SANDIPKUMAR C.MORE, ABASAHEB D.SHINDE
Rohit Sunil Dehade – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. petition challenges mpda detention order. (Para 1 , 2 , 3 , 4) |
| 2. delay severs live-link; law not public order. (Para 5 , 6 , 7) |
| 3. subjective satisfaction and procedure complied. (Para 8 , 9) |
| 4. unexplained delay vitiates detention order. (Para 10 , 11 , 12) |
| 5. law-order acts insufficient for public order detention. (Para 13 , 14) |
| 6. detention quashed for lacking live-link. (Para 15) |
JUDGMENT :
ABASAHEB D. SHINDE, J.
1. Heard.
2. Rule. Rule is made returnable forthwith. With the consent of the parties Writ Petition is taken up for final hearing at the stage of admission.
3. By this Writ Petition, the petitioner takes exception to the detention order and committal order dated 20.08.2025 bearing No. D.O.2025/DC/MPDA/DET-03/CR-120, passed by the Respondent No.3-District Magistrate, Chhatrapati Sambhajinagar in exercise of powers under Section 3 (1) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-offenders, Dangerous Persons, Video Pirates, Sand Smugglers, Persons Engaged in Black-Marketing of Essential Commodities, Illegal Gambling, Illegal Lottery and Human Trafficker Act , 1981 (hereinafter referred to as “MPDA Act”) as well as the co
Unexplained 133-day delay from last prejudicial act snaps live link, vitiating preventive detention order. Solitary individualistic offence affects law and order, not public order justifying detentio....
Point of Law : Preventive Detention - Criminal activities by using deadly weapons - Detention order quashed - There is no material which would justify inference that activities indulged in by petitio....
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....
The judgment established the importance of the impact on public order and the requirement for the detaining authority to provide a reasonable explanation for any delay in issuing the detention order.
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.
Preventive detention requires clear evidence of public order disturbance; failure to meet this standard renders the detention order illegal.
(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....
It is evident from allegations made by witnesses in the in-camera statement that the solitary assault on one individual/individuals can hardly be said to disturb the public peace or bring public orde....
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