Court Cites Unexplained Delay and Lack of Public Order Disturbance in Quashing Order
In a significant ruling, the Bombay High Court has quashed a preventive detention order against Nilofer Ramjan Shaikh, citing unexplained delays and the absence of actions disturbing public order. The order, originally issued by the Commissioner of Police, Pune City, under the Maharashtra Prevention of Dangerous Activities Act, 1981, aimed to detain Shaikh based on allegations of unlawful activities.
The case, presided over by Justices A.S. Gadkari and Ranjitsinha Raja Bhonsale, involved a petition filed by the detainee's mother, challenging the detention order dated May 5, 2025. The Court noted that the acts attributed to Shaikh were directed against individuals rather than the public at large, thus affecting law and order but not public order.
The Court emphasized that every infraction of law does not necessarily result in public disorder. Drawing on precedents, the judges highlighted the distinction between individual acts of lawlessness and those that disrupt the public's peace and security. The Court ruled that the incidents cited in the detention order did not meet the threshold for disturbing public order.
Additionally, the Court pointed out an unexplained 67-day delay between the recording of the last in-camera witness statement and the issuance of the detention order. The delay, combined with vague explanations from the detaining authority, rendered the detention order unsustainable.
This decision reinforces the legal principle that preventive detention laws require swift action and cannot be justified without clear evidence of a threat to public order. The Court ordered the immediate release of the detainee, provided she was not required in any other legal proceedings.
The ruling underscores the judiciary's role in safeguarding individual liberties against arbitrary state actions and highlights the necessity for precise adherence to procedural requirements in preventive detention cases.
Bottom Line:
Preventive detention laws - Detention order quashed due to unexplained delay and acts attributed to detenue not amounting to disturbance of public order.
Statutory provision(s): Maharashtra Prevention of Dangerous Activities Act, 1981 Section 3(2), Article 226 of the Constitution of India
