Case Note & Summary
The petitioner, Taufiq Ismail Shaikh @ Pailwan, challenged a preventive detention order dated 20.03.2017 passed by the Commissioner of Police, Solapur under Section 3(1) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons, Video Pirates, Sand Smugglers and persons engaged in Blackmarketing of Essential Commodities Act, 1981. The petitioner was detained in Yerwada Central Prison. The petition was filed under Article 226 of the Constitution of India. The petitioner's counsel pressed two grounds (B and C) challenging the order. The facts showed that the petitioner was arrested in CR No.514/2016 on 25.11.2016 and in CR No.517/2016 on 28.11.2016, and was released on bail on 30.12.2016 and 01.03.2017 respectively. Statements of incamera witnesses were recorded on 24.02.2017 and 25.03.2017, verified on 27.02.2017. The detention order was issued on 20.03.2017 relying on 846 pages of documents, with the last document dated 01.03.2017. The court noted that the translation of most documents was in Marathi, and it was virtually impossible for the detaining authority to apply its mind and form subjective satisfaction within the short period from 01.03.2017 to 20.03.2017. The court held that the order suffers from non-application of mind and is unsustainable. The petition was allowed, and the detention order was quashed. The petitioner was directed to be set at liberty unless required in any other case.
Headnote
A) Preventive Detention - Non-Application of Mind - Section 3(1) Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons, Video Pirates, Sand Smugglers and persons engaged in Blackmarketing of Essential Commodities Act, 1981 - Mechanical Translation of Documents - The detaining authority passed the detention order on 20.03.2017 relying on 846 pages of documents, with the last document dated 01.03.2017. The translation of most documents was in Marathi, and it was impossible for the authority to apply its mind and form subjective satisfaction within the short period. Held that the order suffers from non-application of mind and is unsustainable. (Paras 2-5)
Issue of Consideration
Whether the preventive detention order dated 20.03.2017 passed under Section 3(1) of the Maharashtra Prevention of Dangerous Activities Act, 1981 is vitiated due to non-application of mind by the detaining authority, particularly when the documents relied upon were voluminous and their translation was not available before the order was passed.
Final Decision
The petition is allowed. The order of detention dated 20.03.2017 passed by the Commissioner of Police, Solapur is quashed and set aside. The petitioner is directed to be set at liberty forthwith unless required in any other case.
Law Points
- Preventive detention
- subjective satisfaction
- non-application of mind
- translation of documents
- Article 226
- Maharashtra Prevention of Dangerous Activities of Slumlords
- Bootleggers
- Drug Offenders
- Dangerous Persons
- Video Pirates
- Sand Smugglers and persons engaged in Blackmarketing of Essential Commodities Act
- 1981
Case Details
Criminal Writ Petition No. 1974 of 2017
A.S. Oka, Riyaz I. Chagla
Dadhichi S. Mhaispurkar for the petitioner; Ms. M.H. Mhatre, APP for the respondents
Shri Taufiq Ismail Shaikh @ Pailwan
Ravindra Sengaonkar, Commissioner of Police, Solapur; Sr.Inspector of Police, MIDC Police Station, Solapur; The State of Maharashtra; The Superintendent, Yerwada Central Prison, Pune; The Secretary, Hon'ble Advisory Board
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Nature of Litigation
Criminal writ petition challenging a preventive detention order under the Maharashtra Prevention of Dangerous Activities Act, 1981.
Remedy Sought
Quashing of the detention order dated 20.03.2017 and release of the petitioner from detention.
Filing Reason
The petitioner contended that the detention order was passed without application of mind as the detaining authority could not have considered the voluminous documents (846 pages) and their translations within the short period between the last document (01.03.2017) and the order date (20.03.2017).
Issues
Whether the preventive detention order dated 20.03.2017 is vitiated due to non-application of mind by the detaining authority.
Whether the detaining authority could have formed subjective satisfaction within the short period given the volume of documents and need for translation.
Submissions/Arguments
The petitioner argued that the detaining authority could not have applied its mind to 846 pages of documents, with the last document dated 01.03.2017, and issued the order on 20.03.2017, especially since most documents required translation into Marathi.
The respondents (State) opposed the petition, but the court found merit in the petitioner's contention.
Ratio Decidendi
A preventive detention order under Section 3(1) of the Maharashtra Prevention of Dangerous Activities Act, 1981 requires the detaining authority to apply its mind and form subjective satisfaction based on the material placed before it. When the documents relied upon are voluminous (846 pages) and require translation, and the period between the last document (01.03.2017) and the order (20.03.2017) is too short for proper consideration, the order suffers from non-application of mind and is unsustainable.
Judgment Excerpts
The petitioner by this petition filed under Article 226 of the Constitution of India has taken an exception to the order dated 20th March 2017 passed by the Commissioner of Police, Solapur under subsection (1) of section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons, Video Pirates, Sand Smugglers and persons engaged in Blackmarketing of Essential Commodities Act, 1981.
The last document placed before the detaining authority was dated 1.3.2017, as such it was virtually impossible for the detaining authority to issue the detention order on 20.3.2017, after applying his mind and arriving at his subjective satisfaction and also to serve the same after getting the papers translated on 20.3.2017, due to paucity of time.
Procedural History
The petitioner was arrested in CR No.514/2016 on 25.11.2016 and in CR No.517/2016 on 28.11.2016, released on bail on 30.12.2016 and 01.03.2017 respectively. Statements of incamera witnesses were recorded on 24.02.2017 and 25.03.2017, verified on 27.02.2017. The detention order was passed on 20.03.2017. The petitioner filed Criminal Writ Petition No.1974 of 2017 before the Bombay High Court challenging the order. The petition was heard and allowed on 12.09.2017.
Acts & Sections
- Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons, Video Pirates, Sand Smugglers and persons engaged in Blackmarketing of Essential Commodities Act, 1981: Section 3(1)
- Constitution of India: Article 226
