Case Note & Summary
The petitioner, sister of the detenue Illiyas Gulab Shaikh, filed a writ petition challenging the detention order dated 22.06.2020 passed by the Commissioner of Police, Nashik City under 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 and grounds of detention were served on the detenue. The detenue made a representation on 02.09.2020 addressed to the State Government through the Superintendent of Nashik Road Central Prison. The representation was rejected on 18.09.2020 and communicated to the detenue on 21.09.2020. The petitioner challenged the detention order on several grounds, but specifically relied on the ground of delay in consideration and disposal of the representation. The court examined the timeline: representation made on 02.09.2020, rejected on 18.09.2020, and communicated on 21.09.2020, resulting in a delay of 16 days. The State failed to provide any explanation for this delay. The court held that the right to make a representation under Article 22(5) of the Constitution is a fundamental right and must be considered and disposed of as expeditiously as possible. Any unexplained delay renders the detention order illegal. The court allowed the petition, quashed the detention order, and directed the detenue to be set at liberty forthwith unless required in any other case.
Headnote
A) Preventive Detention - MPDA Act - Delay in Consideration of Representation - Article 22(5) of the Constitution of India - The detenue made a representation on 02.09.2020 which was rejected on 18.09.2020 and communicated on 21.09.2020, resulting in a delay of 16 days. The State failed to explain the delay. Held that such unexplained delay infringes the constitutional right under Article 22(5) and vitiates the detention order. (Paras 4-8) B) Constitutional Law - Right to Make Representation - Article 22(5) of the Constitution of India - The right to make a representation under Article 22(5) is a fundamental right and must be considered and disposed of as expeditiously as possible. Any unexplained delay renders the detention order illegal. (Paras 5-8)
Issue of Consideration
Whether the unexplained delay in consideration and disposal of the representation made by the detenue under the MPDA Act vitiates the detention order?
Final Decision
The petition is allowed. The impugned detention order dated 22.06.2020 is quashed and set aside. The detenue Illiyas Gulab Shaikh is directed to be set at liberty forthwith, unless required in any other case.
Law Points
- Delay in consideration of representation
- Right to make representation under Article 22(5) of the Constitution
- 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)
- Preventive detention
- Unexplained delay vitiates detention order
