Summary: The Bombay High Court, Nagpur Bench, criticized the Maharashtra government for issuing automatic detention orders under the Maharashtra Prevention of Dangerous Activities Act, 1981. The court found that the orders were made without proper reasons and didn't take into account each person's situation.
The case involved several complaints against detention orders under the Maharashtra Prevention of Dangerous Activities Act, 1981. Prakash @ Pappu s/o Hanslal Tembhare and others argued that their right to personal freedom was taken away without proper legal reasons.
The court, led by Justices Anil L. Pansare and Siddheshwar S. Thombre, pointed out that the detention orders, along with their approval and confirmation, were issued automatically. The judges noticed that these orders were the same in different cases, showing a lack of individual consideration.
"The orders are passed in a routine and mechanical manner," the court observed.
The court explained the legal rules under the Act, emphasizing that personal freedom can only be limited with strong legal reasons. The State Government's failure to provide specific reasons for each detention was a big issue.
The Advisory Board's opinion was also examined. The court noted that the Board's role is important in independently checking detention orders to make sure they are not issued automatically.
"The Advisory Board must play an active role in ascertaining the legality of the detention," the court stated.
The court emphasized the need to look at each case individually. It criticized using the same orders in all districts, which suggested a one-size-fits-all approach rather than looking at each case separately.
The court canceled the detention orders and ordered the release of Prakash @ Pappu s/o Hanslal Tembhare and others, unless they were needed in other cases. This decision highlights the importance of following legal rules and protecting individual rights.
