Case Note & Summary
The petitioner, mother of the detenu Azam Iqbal Shaikh, filed a writ petition under Article 226 of the Constitution of India challenging the detention order dated 11th October 2023 issued by the Commissioner of Police, Pune City under Section 3(2) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-Offenders, Dangerous Persons, Video Pirates, Sand Smugglers and Persons Engaged in Black-Marketing of Essential Commodities Act, 1981 (MPDA Act). The detenu was directed to be detained at Amravati Central Prison. The sole ground raised by the petitioner was the delay in considering the detenu's representation by the State Government. The record showed that the detenu submitted a representation on 18.10.2023 to the Jail Superintendent, which was forwarded to the State Government and received on 24.10.2023. The representation was rejected on 06.11.2023, resulting in a delay of 12 days from receipt to decision. The State failed to provide any explanation for this delay. The court held that the unexplained delay violated the detenu's constitutional right under Article 22(5) to have the representation considered at the earliest opportunity. Relying on the principle that any unexplained delay in considering a representation in preventive detention matters vitiates the detention order, the court quashed the detention order and directed the detenu's release unless required in any other case.
Headnote
A) Preventive Detention - Delay in Considering Representation - Article 22(5) of Constitution of India, Section 3(2) of Maharashtra Prevention of Dangerous Activities Act, 1981 - The detenu's representation was submitted on 18.10.2023 but received by the State Government on 24.10.2023 and rejected on 06.11.2023, with no explanation for the delay between 24.10.2023 and 06.11.2023 - Held that such unexplained delay infringes the detenu's right to have the representation considered at the earliest opportunity, rendering the continued detention illegal (Paras 5-7).
Issue of Consideration
Whether the unexplained delay of 12 days in considering the representation of the detenu by the State Government vitiates the detention order under the MPDA Act.
Final Decision
The detention order dated 11th October 2023 is quashed and set aside. The detenu Azam Iqbal Shaikh be released forthwith unless required in any other case.
Law Points
- Delay in considering representation
- Right to make representation under Article 22(5)
- Preventive detention
- MPDA Act
- Speedy consideration of representation
Case Details
2024 LawText (BOM) (03) 64
Criminal Writ Petition No. 3705 of 2023
A.S. Gadkari, Shyam C. Chandak
Ms. Jayshree Tripathi, Ms. Anjali Raut for the Petitioner; Mr. J.P. Yagnik, APP for the State
Mrs. Shabana Iqbal Shaikh (Mother of the Detenu)
The Commissioner of Police, Pune City; The State of Maharashtra; The Superintendent, Amravati Central Prison, Amravati
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Nature of Litigation
Writ petition challenging preventive detention order under MPDA Act on ground of delay in considering representation.
Remedy Sought
Quashing of detention order dated 11.10.2023 and release of detenu.
Filing Reason
Unexplained delay of 12 days in considering detenu's representation by State Government.
Previous Decisions
Detention order dated 11.10.2023 passed by Commissioner of Police, Pune City; representation submitted on 18.10.2023, received by State on 24.10.2023, rejected on 06.11.2023.
Issues
Whether the unexplained delay in considering the representation of the detenu by the State Government vitiates the detention order.
Submissions/Arguments
Petitioner argued that there was a delay of 12 days in considering the representation, which is unexplained and violates Article 22(5).
State argued that the representation was considered and rejected, but did not provide explanation for the delay.
Ratio Decidendi
In preventive detention matters, any unexplained delay in considering the representation of the detenu infringes the constitutional right under Article 22(5) to have the representation considered at the earliest opportunity, rendering the continued detention illegal.
Judgment Excerpts
Record reveals that, in paragraph no.12 of the Grounds of Detention, the Detenu has been informed as under...
The representation was submitted by the Detenu on 18.10.2023 to the Jail Superintendent...
The representation was received by the State Government on 24.10.2023 and was rejected on 06.11.2023.
There is no explanation whatsoever for the delay from 24.10.2023 till 06.11.2023.
The unexplained delay in considering the representation of the Detenu has infringed his right under Article 22(5) of the Constitution of India.
Hence, the continued detention of the Detenu is illegal.
Procedural History
Detention order dated 11.10.2023 passed by Commissioner of Police, Pune City under Section 3(2) of MPDA Act. Detenu submitted representation on 18.10.2023. Representation received by State Government on 24.10.2023 and rejected on 06.11.2023. Petitioner filed Criminal Writ Petition No. 3705 of 2023 before Bombay High Court challenging the detention order on ground of delay. Judgment delivered on 26.03.2024 quashing the detention order.
Acts & Sections
- Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-Offenders, Dangerous Persons, Video Pirates, Sand Smugglers and Persons Engaged in Black-Marketing of Essential Commodities Act, 1981: Section 3(2)
- Constitution of India: Article 22(5), Article 226
