Case Note & Summary
The petitioner, Avhdut Narayn Shendge, filed a writ petition challenging an order of preventive detention passed by the District Magistrate, Solapur (Respondent No.1) on 29th January 2026 under the Maharashtra Prevention of Dangerous Activities Act, 1981. The detention order was based on the detaining authority's satisfaction that the petitioner was engaged in activities 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 in-camera statements and other documents relied upon by the detaining authority, thereby preventing him from making an effective representation against the detention. The State opposed the petition, arguing that all necessary documents were supplied. The Court examined the records and found that the copies of the in-camera statements and other vital documents furnished to the detenu were illegible and incomplete. The Court held that the right to make an effective representation under Article 22(5) includes the right to receive legible copies of all documents relied upon by the detaining authority. Failure to supply such copies vitiates the detention order. Consequently, the Court 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 - The detenu challenged the detention order on the ground that legible copies of in-camera statements and other vital documents were not supplied, impeding his right to make an effective representation. The Court held that failure to supply legible copies of documents relied upon by the detaining authority violates the constitutional guarantee under Article 22(5) and renders the detention order invalid. (Paras 1-10) B) Preventive Detention - Subjective Satisfaction - Non-Application of Mind - Section 3 of Maharashtra Prevention of Dangerous Activities Act, 1981 - The detaining authority's satisfaction must be based on proper material; non-supply of legible documents indicates non-application of mind. The Court held that the detention order cannot be sustained when the detenu is deprived of the opportunity to make an effective representation due to illegible copies. (Paras 5-10)
Issue of Consideration
Whether the detention order under the Maharashtra Prevention of Dangerous Activities Act, 1981 is vitiated due to non-supply of legible copies of documents relied upon by the detaining authority, thereby infringing the detenu's 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 passed by Respondent No.1, and directed the immediate release of the petitioner unless required in any other case.
Law Points
- Preventive detention
- non-supply of documents
- violation of Article 22(5) of Constitution
- right to make effective representation
- Maharashtra Prevention of Dangerous Activities Act
- 1981
- Section 3
- detention order quashed
