Bombay High Court quashes MPDA detention citing unexplained delay; directs release of detenue from Kolhapur prison | File Photo
Mumbai, Dec 08: The Bombay High Court has set aside a detention order issued under the stringent MPDA Act, observing that preventive detention curtails an individual’s liberty “on strong suspicion” and is “punishment without trial”. The court stressed that authorities are required to act with “a high degree of responsibility”.
Court Warns Against Procedural Lapses in Preventive Detention
While quashing the detention order issued against Anil Vithal Khandagale under the Maharashtra Prevention of Dangerous Activities Act (MPDA Act), the court warned that procedural laxity “cannot be permitted” in such matters, where “swift and prompt action is the essence”.
Petition Filed by Detenue’s Brother Allowed
A bench of Justices Ajey Gadkari and R.R. Bhonsale allowed a petition filed by Khandagale’s brother, Sunil, challenging his detention order dated June 10.
99-Day Delay Considered Fatal to the Detention Order
The authorities had relied on the last crime registered against Anil, on March 3. It recorded an in-camera statement of the last witness on April 7. However, the detention was passed on June 10, which is after a 99-day gap from the registration of the last crime and 64 days from recording the last statement.
Delay Unexplained Even After Excluding Holidays: HC
Petitioner’s advocate, Satyavrat Joshi, argued that such delay vitiated the very basis of preventive detention.
State’s Explanation Rejected by Bench
The court agreed, observing that even after excluding 14 days of holidays cited by the State, “there is still an unexplained delay of 50 days.” It added: “There is absolutely no explanation for the delay… The delay, being unexplained, vitiates the detention order.”
Prosecution Claimed Administrative Delay, Court Not Convinced
Public prosecutor Mankunwar Deshmukh contended that authorities had acted diligently and that the timeline was attributable to administrative processing.
HC Says ‘Live Link’ Between Crime & Detention Broken
However, the bench found the explanation “devoid of details and reasons,” remarking that merely listing the movement of files did not amount to justification.
It added that the authorities failed to furnish any “plausible or satisfactory explanation” for the delay in processing the detention proposal. It said that the omission snapped the “live and proximate link” between the alleged prejudicial activities and the detention.
Supreme Court Precedent Cited
The HC referred to a Supreme Court judgment wherein it was held that unexplained delay — “whether short or long” — is fatal to preventive detention.
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Detenue Ordered to Be Released from Kolhapur Prison
Quashing the detention order, the HC has directed that the detenue be released from Kolhapur Central Prison forthwith, if not required in any other case.
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