Case Note & Summary
The petitioner, Ashish Robert Felix, was detained under Section 3(1) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-Offenders and Dangerous Persons Act, 1981 (MPDA Act) by an order dated 17th October 2013 passed by the Commissioner of Police, Nagpur. The petitioner filed a Criminal Writ Petition under Article 226 of the Constitution of India challenging the detention order on nine grounds. During the hearing, the petitioner's counsel restricted arguments to grounds (c), (d), (f), (g), (j) and (k). The primary contention was that the representation made by the detenu on 12th February 2014 to the State Government for revocation of the detention order and for supply of certain documents was not considered expeditiously, violating Article 22(5) of the Constitution. The petitioner argued that neither he nor his lawyer received any communication regarding the consideration of the representation. The respondents did not dispute the fact of the representation or the delay. The court held that the inordinate delay in considering the representation vitiated the detention order, as the right to make an effective representation is a fundamental right under Article 22(5). The court quashed the detention order and directed the petitioner's release unless required in any other case.
Headnote
A) Preventive Detention - Right to Make Representation - Article 22(5) of Constitution of India - Delay in Consideration - The detenu made a representation on 12th February 2014 which was not considered by the State Government until the date of hearing, causing inordinate delay - Held that such delay violates the constitutional right to have the representation considered expeditiously, rendering the continued detention illegal (Paras 3-5). B) Preventive Detention - Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-Offenders and Dangerous Persons Act, 1981 - Section 3(1) - Grounds of Detention - The petitioner challenged the detention order on multiple grounds including non-supply of documents - The court found merit in the ground of delay in considering representation and did not need to examine other grounds (Paras 2-5).
Issue of Consideration
Whether the inordinate delay in considering the representation made by the detenu under Article 22(5) of the Constitution of India vitiates the detention order passed under Section 3(1) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-Offenders and Dangerous Persons Act, 1981?
Final Decision
The court allowed the petition, quashed the detention order No. DET/MPDA/ZoneIV/PCB/14/2013 dated 17.10.2013, and directed the petitioner's release unless required in any other case.
Law Points
- Right to make effective representation under Article 22(5) of Constitution
- Inordinate delay in considering representation vitiates detention order
- Duty of detaining authority to consider representation expeditiously
- Section 3(1) of Maharashtra Prevention of Dangerous Activities of Slumlords
- Bootleggers
- Drug-Offenders and Dangerous Persons Act
- 1981
