AKSHAY BHASKAR SAHARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These petitions originate from orders issued pursuant to the provisions of the Maharashtra Prevention of Dangerous Activities Act, 1981 (for short "Act of 1981"). The petitions herein raise substantial questions regarding the manner in which the fundamental right guaranteed under Article 21 of the Constitution of India, namely the right to personal liberty, is being restricted/ infringed.

(2.) As such, it is well settled that personal liberty can be curtailed and can only be curtailed in accordance with the procedure established by law, however it requires strong legal justification for any restriction, balanced with other societal interests.

(3.) Thus, deprivation of personal liberty must follow a legally prescribed procedure. The petitioners, however, have approached this Court with a grievance that the orders of preventive detention, approval thereof and confirmation orders are passed in a mechanical manner.