Summary: The Bombay High Court criticized the Maharashtra government's automatic approach to preventive detention orders under the Maharashtra Prevention of Dangerous Activities Act, 1981. The Court found problems in the detention process and ordered the release of Najim @ Babu Khan Aslam Khan.
The case involves several petitions challenging preventive detention orders issued under the Maharashtra Prevention of Dangerous Activities Act, 1981. These orders were meant to stop individuals from causing trouble in public.
The Court, led by Justices Anil L. Pansare and Siddheshwar S. Thombre, found that the detention orders were given out routinely without proper reasons. The orders did not clearly explain why such extreme measures were needed.
"The order, if accepted, would mean that during the period from 1/7/2024 till 31/12/2024, the circumstances that are prevailing or are likely to prevail in the entire State of Maharashtra are such, where persons (not known to anybody) are likely to act in a manner deterrent to maintenance of public order."
The Court pointed out that the State Government's orders lacked specific reasons. They were given out without checking if the situation really needed detention.
"The approval order is thus as important as the detention order, and it must correctly show the facts and reasons considered under the law."
The Court stressed the role of the Advisory Board in checking detention orders. However, it found that the Board's opinions were also given automatically, without independent review.
According to the Court, the State Government should have specified particular situations in each district instead of applying a general order across the entire state.
"The State Government has applied uniform criteria, in all the districts, to continue the order of detention for twelve months, which itself is sufficient reason to hold that the order of confirmation is passed mechanically."
The Court canceled the detention orders, stating they did not meet legal requirements and lacked proper reasons. Najim @ Babu Khan Aslam Khan was ordered to be released immediately unless required in other cases.
"The orders of conferment of powers, detention, appeal and confirmation of detention, therefore, do not withstand legal scrutiny and are liable to be quashed and set aside."
