Summary: The Bombay High Court has canceled several detention orders issued under the Maharashtra Prevention of Dangerous Activities Act, 1981. The orders were found to be processed without proper thought, affecting personal freedom.
The case involved multiple legal requests challenging detention orders under the Maharashtra Prevention of Dangerous Activities Act, 1981. The requests argued that these orders violated the basic right to personal freedom guaranteed by Article 21 of the Indian Constitution.
The decision was made by Justices Anil L. Pansare and Siddheshwar S. Thombre. They looked into mistakes made in the process of issuing and confirming detention orders.
The court noticed that the State Government had issued detention orders without much thought. It pointed out that the same format was used for all cases without looking at each case individually.
"The order is passed without much thought," the judges stated, highlighting the lack of careful consideration.
The Advisory Board's role in checking detention orders was criticized for being shallow. The court expected a more thorough review to ensure the orders were legal.
The court explained the rules of the Act, stressing the need for specific reasons to justify detention. It found that the State Government failed to show these reasons in different areas.
The court emphasized the need for detailed explanations in detention orders, especially when extending them for the longest period of twelve months. It highlighted a Supreme Court decision stressing the importance of well-thought-out administrative decisions.
The court canceled the detention orders, finding them not legally valid. It ordered the immediate release of the detainees unless they were needed in other cases.
