Case Note & Summary
The petitioner, Ajay Suresh Alande, brother of the detenu Chetan Suresh Alande, filed a Criminal Writ Petition challenging the detention order dated 21.4.2014 passed by the District Magistrate, Jalgaon under Section 3(2) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons and Video Pirates Act, 1981 (MPD Act). The detention order was based on the detenu's alleged dangerous activities. The petitioner challenged the order on multiple grounds including insufficiency of material, lack of subjective satisfaction, and the detenu's release on bail in various offences. However, the primary ground argued was the undue delay in deciding the representation made by the detenu against the detention order. The detenu made a representation dated 8.5.2014, which was received by the State Government on 9.5.2014. The writ petition was filed on 8.5.2014, and rule was issued on the same day, returnable on 10.6.2014. The State filed an affidavit in reply on 10.6.2014, but the representation remained undecided. The court noted that the representation was not decided even by the date of hearing on 24.6.2014, resulting in a delay of over 30 days without any explanation from the State. The court held that the right to make a representation under Article 22(5) of the Constitution is a fundamental right, and any unexplained delay in its consideration vitiates the detention order. The court relied on the principle that the representation must be considered as expeditiously as possible. Since the State failed to provide any justification for the delay, the detention order was rendered illegal. Consequently, the court quashed the detention order and directed the detenu's release forthwith.
Headnote
A) Preventive Detention - Delay in Deciding Representation - Article 22(5) of the Constitution of India - Section 3(2) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons and Video Pirates Act, 1981 - The detenu made a representation on 8.5.2014 which was received by the State Government on 9.5.2014, but the representation was not decided until the date of hearing on 24.6.2014, a delay of over 30 days without any explanation - Held that such unexplained delay vitiates the detention order as it infringes the fundamental right under Article 22(5) to have the representation considered expeditiously (Paras 1-4).
Issue of Consideration
Whether the delay in deciding the representation made by the detenu against the order of detention under Section 3(2) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons and Video Pirates Act, 1981 vitiates the detention order.
Final Decision
The court quashed the detention order dated 21.4.2014 passed by the District Magistrate, Jalgaon, and directed the detenu Chetan Suresh Alande to be set at liberty forthwith.
Law Points
- Delay in deciding representation against detention order vitiates detention
- Right to make representation under Article 22(5) is a fundamental right
- Unexplained delay renders detention illegal
