Case Note & Summary
The petitioner, Avhdut Narayn Shendge, filed a writ petition challenging an order of preventive detention dated 29th January 2026 passed by the District Magistrate, Solapur (Respondent No.1) under Section 3 of the Maharashtra Prevention of Dangerous Activities Act, 1981 (MPDA Act). The detention order was based on the satisfaction that the petitioner was a dangerous person whose activities were prejudicial to the maintenance of public order. The petitioner contended that the order was illegal and violative of his fundamental rights under Article 22(5) of the Constitution of India as he was not supplied with legible copies of the statements of witnesses and the in-camera statements relied upon by the detaining authority. The petitioner argued that without these documents, he could not make an effective representation against the detention order. The State opposed the petition, submitting that all relevant documents were supplied. The court examined the record and found that the copies of the statements and in-camera statements furnished to the detenu were illegible and incomplete. The court held that the right to make an effective representation under Article 22(5) is a fundamental right and must be scrupulously observed. Non-supply of vital documents vitiates the detention order. The court allowed the petition, quashed the detention order, and directed the immediate release of the petitioner unless required in any other case.
Headnote
A) Preventive Detention - Non-Supply of Documents - Right to Effective Representation - Article 22(5) of Constitution of India, Section 3 of Maharashtra Prevention of Dangerous Activities Act, 1981 - Detenu challenged detention order on ground that legible copies of statements and in-camera statements were not supplied - Court held that failure to supply vital documents renders detention order invalid as it prevents detenu from making effective representation - Held that the right under Article 22(5) is sacrosanct and must be strictly complied with (Paras 1-12).
Issue of Consideration
Whether the order of preventive detention passed under the Maharashtra Prevention of Dangerous Activities Act, 1981 is vitiated due to non-supply of legible copies of documents and in-camera statements to the detenu, thereby infringing his right to make an effective representation under Article 22(5) of the Constitution of India.
Final Decision
The court allowed the writ petition, quashed the detention order dated 29th January 2026, and directed the immediate release of the petitioner unless required in any other case.
Law Points
- Preventive detention
- Non-supply of documents
- Right to make effective representation
- Article 22(5) of Constitution of India
- MPDA Act 1981 Section 3
