Case Note & Summary
The petitioner, Laxman @ Kaka Yallappa Jadhav, challenged an order of detention dated 27/8/2020 passed by the Commissioner of Police, Solapur 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 (MPDA Act). The detention order was served on the same day. The petitioner made a representation on 14/9/2020. The challenge was restricted to grounds (c), (d), (h), and (i) of the petition. The court focused on ground (h), which alleged non-application of mind. The detaining authority, in paragraph 4.3 of the grounds of detention, referred to an application received on 6/8/2020 threatening to kill the District and Sessions Judge, the Commissioner of Police, and the Deputy Commissioner of Police, Solapur, to secure the petitioner's bail and discharge. However, the authority then stated that the detention order was not based on that application. The court held that this contradictory statement demonstrated non-application of mind, as the authority had considered an irrelevant material and then disclaimed reliance on it, vitiating the subjective satisfaction. Consequently, the detention order was quashed and set aside. The court did not find it necessary to address the other grounds. The petition was allowed, and the detenu was ordered to be released forthwith unless required in any other case.
Headnote
A) Preventive Detention - Non-Application of Mind - 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 - The detaining authority referred to an application threatening to kill public officials but stated that the detention order was not based on that application, indicating non-application of mind and vitiating the subjective satisfaction. Held that the order of detention is unsustainable and liable to be quashed (Paras 5-8).
Issue of Consideration
Whether the detention order under Section 3(2) of the Maharashtra Prevention of Dangerous Activities Act, 1981 is vitiated due to non-application of mind by the detaining authority in considering an application threatening public officials as a ground for detention.
Final Decision
The petition is allowed. The impugned order of detention dated 27/8/2020 is quashed and set aside. The detenu Laxman @ Kaka Yallappa Jadhav be released forthwith unless required in any other case.
Law Points
- Preventive detention
- non-application of mind
- consideration of irrelevant material
- subjective satisfaction
- MPDA Act
