Case Note & Summary
The petitioner, Ratnamala Mukund Balkhande, filed a criminal writ petition on behalf of her son, Sachin Mukund Balkhande, who was preventively detained under the Maharashtra Prevention of Dangerous Activities Act, 1981. The detention order was passed by the District Magistrate, Akola (respondent No.3) on 04.09.2021 and confirmed by the State of Maharashtra. The detenu was lodged in Nashik Central Prison. The petitioner challenged the detention order on the grounds that it suffered from basic defects, namely, non-supply of bail orders and certain documents to the detenu, which infringed his right to make an effective representation under Article 22(5) of the Constitution of India. The court heard the counsel for the petitioner, Mr. P.V. Navlani, and the APP for the respondents, Mr. S.S. Doifode. The court found that the detaining authority had considered seven crimes registered against the detenu and was aware that he was on bail in all of them, but the reasons for grant of bail were not placed before the detaining authority and not supplied to the detenu. Additionally, some documents relied upon were not supplied. The court held that the non-supply of bail orders and documents vitiated the detention order as it deprived the detenu of the opportunity to make an effective representation. The court quashed and set aside the detention order and directed the detenu's release unless required in any other case.
Headnote
A) Preventive Detention - Right to Make Effective Representation - Non-Supply of Bail Orders - Article 22(5) of Constitution of India, Maharashtra Prevention of Dangerous Activities Act, 1981 - The detaining authority failed to place before itself and supply to the detenu the bail orders in seven crimes where the detenu was on bail, which were vital for making an effective representation - Held that such non-supply vitiates the detention order (Paras 6-8). B) Preventive Detention - Right to Make Effective Representation - Non-Supply of Documents - Article 22(5) of Constitution of India, Maharashtra Prevention of Dangerous Activities Act, 1981 - Certain documents relied upon by the detaining authority were not supplied to the detenu, depriving him of the opportunity to make an effective representation - Held that this also renders the detention order illegal (Paras 9-10).
Issue of Consideration
Whether the detention order is vitiated due to non-supply of bail orders and certain documents to the detenu, thereby infringing his right to make an effective representation under Article 22(5) of the Constitution of India.
Final Decision
The detention order dated 04.09.2021 passed by respondent No.3 and confirmed by the State is quashed and set aside. The detenu, Sachin Mukund Balkhande, be released forthwith unless required in any other case.
Law Points
- Preventive detention
- right to make effective representation
- non-supply of bail orders
- non-supply of documents
- Article 22(5) of Constitution of India
- Maharashtra Prevention of Dangerous Activities Act
- 1981
