A recent court decision has overturned several detention orders in Maharashtra, finding them to have been issued without proper consideration of the law.
The case involves multiple legal requests challenging detention orders under the Maharashtra Prevention of Dangerous Activities Act, 1981. The person who brought the case, Saurabh alias Bhanja Ramswaroop Asajja, argued that his freedom was being restricted unlawfully.
The decision was made by Judges Anil L. Pansare and Siddheshwar S. Thombre. They looked closely at the orders and found major mistakes in the process.
"Such an order, in our view, is a classic example of what can be termed as a mechanical way to assess the situation."
"The State Government has assigned no reason why the order passed by the District Magistrate, Yavatmal, has been approved."
Lack of Thought: The orders were made without properly considering the current situations, breaking the spirit of the law.
Role of Advisory Board: The court stressed the importance of the special board in actively reviewing detention orders.
"The Advisory Board must play an active role in ascertaining the legality of the detention."
The court overturned the detention orders, emphasizing the importance of following proper legal procedures and carefully considering matters that affect personal freedom. Saurabh alias Bhanja Ramswaroop Asajja was ordered to be released immediately unless he is needed for other cases.
