Case Note & Summary
The petitioner, Hanuman Rajaram Mhatre, was detained under an order dated 6th September 2017 passed by the Commissioner of Police, Thane, under Section 3(2) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons and Video Pirates, Sand Smugglers and Persons Engaged in Blackmarketing of Essential Commodities Act, 1981 (MPDA Act). He was served with the grounds of detention on the same day. The petitioner challenged the detention order on several grounds, but the court focused on ground (h) which alleged that the detaining authority had not supplied copies of all documents relied upon, including in-camera statements, which were vital for making an effective representation. The court noted that the index of documents listed 84 documents running into 181 pages, but the detenu was not furnished with copies of in-camera statements and other crucial material. The court held that the failure to supply these documents violated the detenu's right under Article 22(5) of the Constitution and Section 8 of the MPDA Act, as it prevented him from making an effective representation. Consequently, the court quashed the detention order and directed the immediate release of the detenu.
Headnote
A) Preventive Detention - Non-Supply of Documents - Article 22(5) of Constitution of India, Section 8 of Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons and Video Pirates, Sand Smugglers and Persons Engaged in Blackmarketing of Essential Commodities Act, 1981 - The detaining authority failed to supply copies of in-camera statements and other vital documents relied upon to form subjective satisfaction, thereby depriving the detenu of his right to make an effective representation - Held that non-supply of such documents renders the detention order invalid and liable to be quashed (Paras 3-10).
Issue of Consideration
Whether the failure to supply copies of in-camera statements and other vital documents to the detenu vitiates the detention order and violates his right to make an effective representation under Article 22(5) of the Constitution of India.
Final Decision
The court quashed the detention order dated 6th September 2017 and directed the immediate release of the detenu, Hanuman Rajaram Mhatre, from detention.
Law Points
- Preventive detention
- non-supply of documents
- violation of Article 22(5)
- MPDA Act Section 3(2)
- Section 8
- subjective satisfaction
- right to make effective representation
