Case Note & Summary
The petitioner, Vinod Tuljaram Bandichode, was detained under the Maharashtra Prevention of Dangerous Activities Act, 1981 (MPDA) by an order dated 10th January 2025. He filed a writ petition under Article 226 of the Constitution of India challenging the detention order. The primary ground was that the grounds of detention were served in English, a language he did not understand, as he was only literate in Hindi and Marathi. The court noted that the right to make an effective representation under Article 22(5) of the Constitution is fundamental and requires that the detenue be informed of the grounds in a language he comprehends. The State argued that the detenue had studied in English medium, but the court found no evidence to support this claim. The court held that the failure to communicate the grounds in a language known to the detenue vitiated the detention order. Consequently, the court quashed the detention order and directed the immediate release of the detenue.
Headnote
A) Preventive Detention - Right to Make Representation - Communication of Grounds - Article 22(5) of the Constitution of India, Section 8 of the Maharashtra Prevention of Dangerous Activities Act, 1981 - The detenue, a Hindi and Marathi speaker, was served grounds of detention in English, which he did not understand, thereby depriving him of an effective opportunity to make a representation - Held that non-communication of grounds in a language known to the detenue is a fundamental flaw rendering the detention order invalid (Paras 1-6).
Issue of Consideration
Whether the failure to communicate the grounds of detention in a language known to the detenue vitiates the detention order and violates the constitutional right under Article 22(5) of the Constitution of India.
Final Decision
The court allowed the petition, quashed the detention order dated 10th January 2025, and directed the immediate release of the detenue, Vinod Tuljaram Bandichode, unless required in any other case.
Law Points
- Preventive detention
- Right to make representation
- Communication of grounds in language known to detenue
- Article 22(5) Constitution of India
- Section 8 Maharashtra Prevention of Dangerous Activities Act
- 1981
Case Details
2025 LawText (BOM) (10) 229
Criminal Writ Petition No. 2660 of 2025
A.S. Gadkari, Ranjit Sinha Rajabhosale
Shailesh Kharat, Onkar Chaudhari, Vishwajeet Nimbalkar for Petitioner; Shreekant V. Gavand, A.P.P. for Respondent-State
Vinod Tuljaram Bandichode
The State of Maharashtra, Commissioner of Police Pune, Superintendent of Aurangabad Central Prison, Inspector of Police Hadapsar Police Station
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India challenging a preventive detention order under the Maharashtra Prevention of Dangerous Activities Act, 1981.
Remedy Sought
Quashing of the detention order dated 10th January 2025 and immediate release of the detenue.
Filing Reason
The grounds of detention were served in English, a language not understood by the detenue, thereby violating his right to make an effective representation under Article 22(5) of the Constitution.
Issues
Whether the detention order is vitiated due to non-communication of grounds in a language known to the detenue.
Submissions/Arguments
Petitioner argued that the detenue knows only Hindi and Marathi, and the grounds were served in English, depriving him of an effective opportunity to make a representation.
Respondent-State argued that the detenue had studied in English medium and therefore understood English.
Ratio Decidendi
The right to make an effective representation under Article 22(5) of the Constitution requires that the grounds of detention be communicated in a language known to the detenue. Failure to do so renders the detention order invalid.
Judgment Excerpts
The detenue has filed this Petition under Article 226 of the Constitution of India, impugning the Detention Order dated 10th January 2025...
The grounds of detention were served in English, which the detenue does not understand, thereby depriving him of an effective opportunity to make a representation.
Procedural History
The detenue was detained under the MPDA Act by order dated 10th January 2025. He filed a writ petition under Article 226 before the Bombay High Court challenging the detention order. The court heard the matter and delivered judgment on 13th October 2025.
Acts & Sections
- Constitution of India: Article 226, Article 22(5)
- Maharashtra Prevention of Dangerous Activities Act, 1981: Section 8
