RUSHIKESH TANAJI BHOITE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard finally. Rule, made returnable and heard forthwith with the consent of the learned Counsel for respective parties, in view of noting dt.14th Feb.,2011.

(2.) The detenue, a law graduate, is Secretary of an Educational Institution at Jalgaon, pleads that he has social standing at Jalgaon and is associated to redress cause of gullible or unorganised class.

(3.) The allegations against the detenu are, he has been continuously engaged in commission of violent and desperate activities, giving rise to at least 20 cases against him. He has a violent character, indulges in terrorizing activities. He has been a habitual criminal, Goonda on the record of various Police Stations of Jalgaon district. The detenu's activities are prejudicial to the maintenance of public order and he is a "dangerous person" within the meaning of Section 2(b 1) of Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug offenders and Dangerous Persons Act, 1981 ( in short, "MPDA Act, 1981"). Action taken against the detenu under the existing laws of the land has proved to be ineffective and insufficient, to curb his violent as well as terrorizing activities. In future, his activities may create danger to the society at large. The even tempo of the society is disturbed and the activities are found to be prejudicial to the maintenance of public order and, hence, it has become imperative and necessary to detain him under the provisions of MPDA Act, 1981, to remove fear from the mind of residents of Jalgaon district.