Case Note & Summary
The petitioner, Vijay Subhash Kore, was detained under Section 3(1) 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) by an order dated 5th August 2022 issued by the District Magistrate, Solapur (Respondent No.3). The detention was for a period of one year. The petitioner, through his mother Rukmini Subhash Kore, filed a Criminal Writ Petition under Article 226 of the Constitution of India challenging the detention order. The main ground raised was that the petitioner made a representation through his advocate on 30th August 2022 to the Additional Chief Secretary (Home Department) (Respondent No.2), but the representation was decided and rejected only on 27th September 2022, resulting in a delay of 27 days. The petitioner contended that this delay violated his right under Article 22(5) of the Constitution, which guarantees the right to make a representation and have it considered expeditiously. The State, through an affidavit filed by Deputy Secretary Shirish N. Mohod, sought to justify the delay by explaining the procedural steps involved, including seeking comments from the District Magistrate and the sponsoring authority. However, the court found that the explanation did not account for the entire period of delay and that the delay was inordinate and unexplained. The court relied on the principle that the right to make a representation under Article 22(5) includes the right to a speedy decision, and any unexplained delay vitiates the detention order. Consequently, the court allowed the petition, quashed the detention order, and directed the petitioner's release unless required in any other case.
Headnote
A) Preventive Detention - Delay in Deciding Representation - Article 22(5) of Constitution of India - Section 3(1) of Maharashtra Prevention of Dangerous Activities Act, 1981 - The petitioner was preventively detained under Section 3(1) of the MPDA Act. He made a representation on 30th August 2022 which was rejected on 27th September 2022, resulting in a delay of 27 days. The court held that such inordinate and unexplained delay violates the constitutional right under Article 22(5) and renders the detention order invalid. (Paras 5-8) B) Preventive Detention - Right to Representation - Article 22(5) of Constitution of India - The right to make a representation under Article 22(5) includes the right to a speedy and expeditious decision on the representation. Any unexplained delay in deciding the representation infringes the detenu's fundamental right and vitiates the detention order. (Paras 6-8)
Issue of Consideration
Whether the delay of 27 days in deciding the petitioner's representation under Article 22(5) of the Constitution of India vitiates the preventive detention order under Section 3(1) of the Maharashtra Prevention of Dangerous Activities Act, 1981.
Final Decision
The court allowed the petition, quashed the detention order dated 5th August 2022, and directed the petitioner's release unless required in any other case.
Law Points
- Preventive detention
- Delay in deciding representation
- Article 22(5) of Constitution of India
- Section 3(1) of Maharashtra Prevention of Dangerous Activities Act
- 1981
- Right to make representation
- Speedy disposal of representation
