Summary: The Bombay High Court canceled several detention orders under the Maharashtra Prevention of Dangerous Activities Act, 1981, because they were processed in a routine way without proper reasons.
The court handled multiple legal requests challenging detention orders under the Maharashtra Prevention of Dangerous Activities Act, 1981. Rishi @ Lucky Madhukar Sahu, the person who brought the case, argued that his right to personal freedom under Article 21 of the Constitution was being violated without proper legal reasons.
The State Government issued detention orders to stop actions that could harm public order. However, the orders were criticized for being the same in different cases, showing a lack of specific reasons for the detentions.
"The orders are said to be passed for preventing Rishi @ Lucky Madhukar Sahu from acting in any way harmful to maintaining public order."
The court found that the State Government's orders were given without considering specific situations in each district that justified such detentions. The orders lacked necessary thought and were the same across the state.
The court looked at the rules of the Act, especially sections about the State Government's power to issue detention orders. The court emphasized that the power to detain must be used carefully and with specific reasons.
"The order of conferment is passed mechanically."
The Advisory Board's role in reviewing detention orders was highlighted. The court noted that the Board's opinions were also issued routinely, without thorough examination of the detention orders.
The court canceled the detention orders, stating that both the orders and the processes followed were not valid in law. The court ordered the release of Rishi @ Lucky Madhukar Sahu unless he was needed in another case.
"The orders of detention as also the orders of confirmation in respective petitions stand quashed and set aside."
This judgment highlights the importance of detailed, case-specific reasoning in preventive detention cases to protect personal freedoms.
