Hey everyone! Today, we're diving into a recent court case involving Avinash Gopal Shilimkar and the State of Maharashtra. Let's break down what went down.
Avinash is a 23-year-old from Pune, currently held at Akola Central Prison. He filed a request against his detention order, which was issued on December 26, 2024.
Avinash was detained under the Maharashtra Prevention of Dangerous Activities Act (MPDA Act). This law is used to hold people involved in activities like black marketing and other dangerous actions.
Avinash's lawyer, Mr. Rishabh Vakharia, argued that the secret witness statements used for his detention weren't properly checked by the person in charge of detention. Instead, they were checked by the Assistant Commissioner of Police.
"The person in charge of detention should have personally checked the secret witness statements," argued Mr. Vakharia.
The Assistant Public Prosecutor, Mr. Shreekant V. Gavand, said that the check by the Assistant Commissioner was enough. He mentioned that these statements were included in the detention order and given to Avinash.
The judges, A.S. Gadkari and Ranjitsinha Raja Bhonsale, looked into the arguments. They found that the statements were indeed checked by the Assistant Commissioner, who also talked to witnesses and locals to make sure they were true.
"Checking by the Assistant Commissioner provides a sufficient check," they noted.
The court decided that the detention order was valid and followed the required legal steps. They dismissed Avinash's request, meaning he remains in detention.
