SOHEL S/O ABDUL KHAN vs THE STATE OF MAHARASHTRA ADDITIONAL CHIEF SECRETARY, HOME DEPARTMENT AND ANR.
In an important decision, the Bombay High Court has called out the State of Maharashtra for automatically issuing detention orders without proper reasons. This case involves several requests asking the court to review these orders under the Maharashtra Prevention of Dangerous Activities Act, 1981.
The court found that the State Government was giving out detention orders without good reasons. These orders were supposed to stop activities that could disturb the public, but the court saw that they were being used too easily.
"Detention orders are being passed as if they are routine administrative acts," the judges noted.
The court pointed out that the orders looked the same in all districts of Maharashtra. This suggests that the government thought the same situations existed everywhere, which the court found hard to believe.
The law lets the government hold people if they think it's needed to keep public peace. But the court stressed that this power should be used wisely and not applied the same way everywhere without thinking about each area's special situation.
The Advisory Board is supposed to check detention orders to make sure they're fair. However, the court found that the Board wasn't doing a good enough job.
"The Advisory Board must ensure orders are not passed in a routine or mechanical manner," the court stressed.
The court has canceled the detention orders and told that those held should be let go right away unless they're needed for other cases. This decision shows that the government needs to think carefully and not treat detaining people as just another task.
This judgment serves as a reminder that personal freedom is a basic right and any limits on it must be backed by strong reasons.
