Case Note & Summary
The petitioner, Ajgar Akhtar Khan, filed a writ petition under Article 226 of the Constitution of India challenging the grant of prior approval/order dated 20th December 2023 by the Commissioner of Police, Mira-Bhayandar, Vasai-Virar, which permitted his detention under the Maharashtra Prevention of Dangerous Activities Act, 1981 (MPDA Act). The petitioner argued that the order violated his fundamental rights under Articles 14 and 21 of the Constitution. The High Court of Bombay, comprising Justices A.S. Gadkari and Shyam C. Chandak, heard the matter. The court observed that the detaining authority had not considered the possibility of taking less drastic action against the petitioner before resorting to preventive detention. The court emphasized that preventive detention is a serious encroachment on personal liberty and must be used only as a last resort. The court quashed the impugned order and directed the respondents to consider the matter afresh, taking into account the possibility of less restrictive measures. The judgment was delivered on 20th December 2023.
Headnote
A) Constitutional Law - Preventive Detention - Less Restrictive Measures - Articles 14, 21, 226 of the Constitution of India - The Court held that the detaining authority must consider the possibility of taking less drastic action before ordering preventive detention, and failure to do so vitiates the detention order. (Paras 1-2) B) Criminal Law - Maharashtra Prevention of Dangerous Activities Act, 1981 - Section 3 - Prior Approval - The Court quashed the prior approval/order dated 20th December 2023 granting permission to detain the petitioner under the Act, as the authority did not consider less restrictive measures. (Paras 1-2)
Issue of Consideration
Whether the grant of prior approval for preventive detention under the Maharashtra Prevention of Dangerous Activities Act, 1981, without considering the possibility of taking less drastic action, violates Articles 14 and 21 of the Constitution of India.
Final Decision
The Court quashed the prior approval/order dated 20th December 2023 and directed the respondents to consider the matter afresh, taking into account the possibility of less restrictive measures.
Law Points
- Preventive detention
- Less restrictive measures
- Article 226
- Article 14
- Article 21
- Maharashtra Prevention of Dangerous Activities Act
- 1981
- Section 3
- Prior approval
- Detention order
- Procedural safeguard
