Case Note & Summary
The petitioner, Chandrakant Alias Chandar Basu Chavan, was preventively detained by an order dated 14th March 2022 passed by the Commissioner of Police, Pune, 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 (M.P.D. Act). He was lodged at Nagpur Central Prison. The grounds of detention informed him of his right to make a representation to two authorities: the Detaining Authority (Commissioner of Police, Pune) and the State Government (Additional Chief Secretary, Home Department). The petitioner's mother made a representation on 17th March 2022 to the State Government, but it was not decided until the filing of the writ petition. The petitioner challenged the detention order on several grounds, but the court focused on ground 5(b) alleging violation of Article 22(5) read with Article 21 of the Constitution due to inordinate delay in deciding the representation. The court noted that the representation was made on 17th March 2022, and the petition was filed on 21st November 2022, with no decision communicated. The State's affidavit did not explain the delay. The court held that the unexplained delay of over eight months in deciding the representation violated the detenu's fundamental right under Article 22(5), which requires the earliest opportunity to make a representation and its consideration at the earliest. Relying on precedents, the court quashed the detention order and directed the petitioner's release unless required in any other case.
Headnote
A) Preventive Detention - Right to Representation - 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's mother made a representation on 17th March 2022 to the State Government, which was not decided until the filing of the writ petition. The Court held that the unexplained and inordinate delay in deciding the representation violated the detenu's fundamental right under Article 22(5) and rendered the continued detention illegal. (Paras 4-8)
Issue of Consideration
Whether the inordinate delay in deciding the representation made by the detenu's mother under Article 22(5) of the Constitution of India vitiates the detention order?
Final Decision
The detention order dated 14th March 2022 is quashed and set aside. The petitioner is directed to be released forthwith unless required in any other case.
Law Points
- Preventive detention
- Right to make representation
- Article 22(5) of Constitution
- Inordinate delay
- M.P.D. Act 1981
