Case Note & Summary
The petitioner, brother of the detenu Dipak alias D. Baba Kashinath Kamble, challenged a detention order dated 7 August 2015 issued by the Commissioner of Police, Pune City, under Section 3(2) of the Maharashtra Prevention of Dangerous Activities of Slum Lords, Bootleggers, Drug-Offenders, Dangerous Persons and Video Pirates Act, 1981 (MPDA Act). The detention order was based on two criminal cases (CRs) and two in-camera statements. The petitioner argued that the in-camera statements were not verified, and without verification, they could not be relied upon for subjective satisfaction. The court examined the material and found that the in-camera statements lacked any verification by the detaining authority. The court held that verification is essential to confirm the truthfulness of the incidents narrated; otherwise, the subjective satisfaction is based on unsubstantiated material. Consequently, the detention order was quashed and set aside. The court did not need to address the second ground regarding staleness of the grounds.
Headnote
A) Preventive Detention - MPDA Act - Verification of In-Camera Statements - The detaining authority must verify in-camera statements to ensure their truthfulness; failure to do so vitiates the subjective satisfaction and renders the detention order invalid. The court held that unverified statements cannot form the basis of detention (Paras 1-10). B) Preventive Detention - MPDA Act - Stale Grounds - The court considered whether the grounds of detention were stale but did not decide on this point as the petition was allowed on the first ground (Paras 1-10).
Issue of Consideration
Whether the detention order under the MPDA Act is vitiated due to non-verification of in-camera statements and whether the grounds of detention are stale.
Final Decision
The court allowed the petition and quashed the detention order dated 7 August 2015. The detenu was ordered to be released forthwith unless required in any other case.
Law Points
- Preventive detention
- subjective satisfaction
- verification of in-camera statements
- MPDA Act
- Article 226
