Mumbai: The Bombay High Court has quashed the detention order against a man observing that there were “inconsistencies” in it.
“.. the inconsistency in the grounds recorded by the detaining authority shows non-application of mind by the detaining authority, which vitiates the detention order….” a division bench of Justices Revati Mohite-Dere and Gauri Godse said recently.
The HC was hearing a petition filed by one Santosh Bodke, 29, seeking quashing of the detention order passed by the district magistrate, Kolhapur, on March 3 this year under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-offenders and Dangerous Persons, Video Pirates, Sand Smugglers and Persons Engaged in Black Marketing of Essential Commodities Act (MPID Act).
Assault with deadly weapons
The detention process was initiated against Bodke after a recent FIR filed against him in December 2022 by the Laxmipuri Police Station alleging that Bodke and his men terrorised the complainant by assaulting him with deadly weapons as he had quit the job recommended by Bodke.
Bodke purportedly had five FIRs registered against him.
His advocate Satyavrat Joshi submitted that the detaining authority specifically mentioned that the December 2022 FIR has not been relied upon while passing the detention order. It mentioned that the other FIRs are referred to show that Bodke is a habitual offender and indulgences in serious offences.
However, the detention order has relied upon the same December 2022 FIR for recording “subjective satisfaction for issuing the detention order” against Bodke. In view of the inconsistent grounds of detention, Bodke was left in a confused state of mind and, hence, was unable to make an effective representation thereby violating his rights under the Constitution of India, argued Joshi.
Heinous crimes committed to create fear in minds of general public
Additional public prosecutor Jayesh Yagnik opposed the plea contending that Bodke had committed several heinous crimes to create fear in the minds of the general public.
The court noted that the affidavit filed by the detaining authority is “bereft of any explanation with respect to the said inconsistency in recording the ground of detention by the detaining authority”.
“The learned counsel for the petitioner is right in submitting that the inconsistency in the grounds of detention has left the petitioner in a confused state of mind and deprived him of his right to file an effective representation,” the court remarked while quashing his detention order.
The HC has directed that Bodke be released forthwith, if not required in any other case.
