Case Note & Summary
The petitioner, Rahul Ambadas Jadhav, was detained under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-offenders and Dangerous Persons and Video Pirates Act, 1981 (MPDA Act) by an order dated 3 February 2015 passed by the Commissioner of Police, Solapur. The detenu challenged the detention order by way of a writ petition under Article 226 of the Constitution of India. The grounds of detention referred to a FIR in CR No. 297 of 2014 and in-camera statements. The detenu contended that illegible copies of documents in the compilation were provided to him, and that Marathi translation of some of the relied-upon documents was not furnished, despite the detenu being a Marathi-speaking person. The detenu had made a representation to the State Government on 26 March 2015 requesting revocation of the detention order. The court examined the documents and found that several pages were illegible, including the in-camera statements and other material. The court held that the supply of illegible documents amounts to non-communication of the grounds of detention, which infringes the detenu's right to make an effective representation under Article 22(5) of the Constitution. Additionally, the non-supply of Marathi translation of documents, when the detenu is conversant only in Marathi, further vitiated the detention order. The court allowed the petition, quashed the detention order, and directed the detenu's release unless required in any other case.
Headnote
A) Preventive Detention - Right to Make Representation - Article 22(5) of Constitution - Supply of Illegible Documents - The detenu was supplied illegible copies of documents relied upon by the detaining authority, which prevented him from making an effective representation. Held that supply of illegible documents amounts to non-communication of grounds, violating Article 22(5) (Paras 7-9). B) Preventive Detention - Communication of Grounds - Marathi Translation - MPDA Act, 1981 - The detaining authority failed to provide Marathi translation of some documents in the compilation, though the detenu is a Marathi-speaking person. Held that non-supply of translation in a language known to the detenu vitiates the detention order as it impedes the right to make a representation (Paras 10-12). C) Preventive Detention - Subjective Satisfaction - MPDA Act, 1981 - The detaining authority's subjective satisfaction must be based on relevant material. However, the court did not examine this issue as the petition was allowed on the ground of illegible documents and lack of translation (Para 13).
Issue of Consideration
Whether the detention order under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-offenders and Dangerous Persons and Video Pirates Act, 1981 is vitiated due to supply of illegible copies of documents and non-supply of Marathi translation of relied upon documents, thereby infringing the detenu's right to make an effective representation under Article 22(5) of the Constitution.
Final Decision
Writ Petition allowed. Detention order dated 3 February 2015 quashed. Detenu to be released forthwith unless required in any other case.
Law Points
- Preventive detention
- Right to make representation
- Communication of grounds
- Illegible documents
- Marathi translation
- Subjective satisfaction
- MPDA Act
