Case Note & Summary
The petitioner, Avhdut Narayn Shendge, challenged a preventive detention order passed by the District Magistrate, Solapur, under Section 3 of the Maharashtra Prevention of Dangerous Activities Act, 1981. The order was based on the satisfaction that the petitioner was a dangerous person involved in crimes. The petitioner argued that he was not informed of his right to make a representation to the Advisory Board and the State Government, which is a fundamental right under Article 22(5) of the Constitution. The court examined the detention order and the grounds of detention and found that the detenu was indeed not informed of his right to make a representation. The court held that this failure vitiates the detention order as it deprives the detenu of an effective opportunity to be heard. The court quashed the detention order and directed the release of the detenu. The court also observed that the right to make a representation is a fundamental right and must be communicated to the detenu in a language he understands.
Headnote
A) Preventive Detention - Right to Make Representation - Article 22(5) of the Constitution - Section 3 of the Maharashtra Prevention of Dangerous Activities Act, 1981 - The detenu was not informed of his right to make a representation to the Advisory Board and the State Government, which is a fundamental right under Article 22(5). The court held that such failure vitiates the detention order as it deprives the detenu of an effective opportunity to be heard. (Paras 1-10) B) Preventive Detention - Communication of Grounds - Section 8 of the Maharashtra Prevention of Dangerous Activities Act, 1981 - The grounds of detention must be communicated to the detenu in a language he understands, and the detenu must be informed of his right to make a representation. The court found that the detenu was not informed of this right, rendering the detention order invalid. (Paras 1-10)
Issue of Consideration
Whether the failure to inform the detenu of his right to make a representation to the Advisory Board and the State Government renders the detention order invalid.
Final Decision
The court quashed the detention order and directed the release of the detenu.
Law Points
- Right to make representation under Article 22(5) of the Constitution
- Preventive detention
- Communication of grounds
- Failure to inform detenu of right to represent
- Maharashtra Prevention of Dangerous Activities Act
- 1981
- Section 3
- Section 8
- Section 10
- Section 11
- Section 12
- Section 13
- Section 14
