Case Note & Summary
The petitioner, mother of the detenu Manoj Sansare, challenged the detention order dated 22nd September 2005 passed by the Commissioner of Police, Brihan Mumbai under Section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 (MPDA Act). The detenu was a Municipal Corporator of Mumbai Municipal Corporation, Ward No.42, and was alleged to be a weapon-wielding dangerous person with criminal antecedents, causing panic and fear in the locality of Wadala (East). The detaining authority claimed that the detenu and his associates moved around with arms and dangerous weapons, committing offences of assault, extortion, and criminal intimidation. The detenu filed a representation to the Government for setting aside the detention order, which was rejected by the Home Department of the State of Maharashtra on 7th November 2005, and the Secretary confirmed the detention order on the same date. The petitioner argued that the representation was not considered promptly and that the detention order suffered from non-application of mind. The court examined the procedural history and found that there was an unexplained delay of 12 days in forwarding the representation to the Government and a further delay of 7 days in its disposal. 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 without delay. The court also noted that the detaining authority did not apply its mind to the detenu's representation before confirming the detention. Consequently, the court quashed the detention order and directed the detenu's release.
Headnote
A) Preventive Detention - Non-Application of Mind - Section 3 MPDA Act - Detention order quashed for non-application of mind as the detaining authority failed to consider the detenu's representation and there was unexplained delay in disposal - Held that the right to make representation under Article 22(5) of the Constitution is a fundamental right and must be considered promptly (Paras 1-10).
Issue of Consideration
Whether the detention order under Section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 (MPDA Act) was validly passed and whether the detenu's representation was considered without delay.
Final Decision
The court quashed the detention order dated 22nd September 2005 and directed the detenu to be set at liberty forthwith.
Law Points
- Preventive detention
- non-application of mind
- delay in disposal of representation
- Article 22(5) of Constitution
- MPDA Act Section 3
