Bombay High Court Quashes Preventive Detention Order Over Procedural Violations
Court orders compensation for illegal detention, cites constitutional rights violations and unexplained delays
The Bombay High Court, Aurangabad Bench, has quashed a preventive detention order against Dikshant @ Dadu Devidas Sapkale, highlighting significant procedural lapses and constitutional violations. The Court found multiple defects in the detention process, including a substantial delay in executing the detention order, reliance on irrelevant and extraneous material, and failure to communicate grounds of detention in a language understood by the detainee.
The detention order, initially passed on July 18, 2024, was executed almost a year later on May 23, 2025, after Sapkale was released on bail. This delay, the Court noted, severed the necessary live link between the alleged prejudicial activities and the need for detention, thus rendering the order invalid. The Court emphasized that preventive detention, a severe measure impacting personal liberty, must strictly adhere to constitutional and statutory safeguards.
Further scrutiny revealed that the detention order relied on a crime (C.R. No. 127 of 2023) with which the petitioner had no connection, marking a non-application of mind by the detaining authority. Additionally, crucial documents were provided only in English, despite the petitioner’s education in Marathi, thereby violating the constitutional right to make an effective representation as guaranteed under Article 22(5) of the Indian Constitution.
The Court, in its detailed judgment, criticized the detaining authority's arbitrary exercise of power and ordered the State Government to compensate the petitioner with Rs. 2,00,000 for the unlawful detention. The compensation is to be recovered from the salary of the detaining authority responsible for imposing the detention.
This judgment underscores the judiciary's role in upholding constitutional rights and ensuring that preventive detention laws are not misused.
Bottom Line:
Preventive detention order quashed due to unexplained delay in execution, reliance on extraneous material, and violation of constitutional rights, including non-communication of grounds in a language understood by the detenue.
Statutory provision(s): Constitution of India Articles 21, 22(4), 22(5), MPDA Act Section 3, MPDA Act Section 13, Constitution of India Article 226
