Case Note & Summary
The petitioner, Sangharsh Alias Bhavya Nitin Adsul, challenged an order of detention dated 29th September 2022 passed 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 detention order was based on two criminal cases: C.R. No. 180 of 2022 for offences under Sections 324, 323, 504, 506 of the Indian Penal Code and C.R. No. 182 of 2022 for offences under Sections 353, 332 of IPC, along with in-camera statements of two witnesses. The sole ground urged by the petitioner was that his representation dated 1st December 2022 addressed to the State Government was not dealt with expeditiously. The petitioner's advocate forwarded the representation to the Superintendent of Mumbai Central Prison with a request to obtain the detenu's signature and forward it to the Additional Chief Secretary (Home), Government of Maharashtra. The petitioner contended that no communication was received regarding the consideration of the representation. The State, through the Additional Public Prosecutor, submitted that the representation was received on 5th December 2022 and decided on 12th December 2022, but the Court noted that the representation was not decided with the required promptitude. The Court observed that the representation was made on 1st December 2022, forwarded to the State on 5th December 2022, and decided only on 12th December 2022, resulting in a delay of about 11 days. The Court held that such delay in considering the representation violates the constitutional right under Article 22(5) of the Constitution of India, which guarantees the detenu the right to have his representation considered expeditiously. Relying on settled law, the Court quashed and set aside the detention order and directed the detenu's release forthwith.
Headnote
A) Preventive Detention - Right to Representation - Expeditious Consideration - Article 22(5) of Constitution of India, Section 3(2) of 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 - The detenu made a representation dated 1st December 2022 which was forwarded to the State Government but not decided expeditiously. The Court held that the failure to consider the representation promptly violates the constitutional safeguard under Article 22(5) and renders the detention order illegal. (Paras 3-5)
Issue of Consideration
Whether the inordinate delay in deciding the representation of the detenu by the State Government vitiates the order of detention under the MPDA Act?
Final Decision
The Court quashed and set aside the detention order dated 29th September 2022 and directed the detenu to be released forthwith.
Law Points
- Preventive detention
- right to make representation
- expeditious consideration
- Article 22(5) of Constitution
- Maharashtra Prevention of Dangerous Activities Act 1981
- delay in disposal of representation
- vitiation of detention order
