HARIDAS SHANKAR GAIKWAD Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) The challenge in this petition is to the order of detention bearing D.O. No. 04/CB/BM-EC/2025 dtd. 14/4/2025 issued under Sec. 3 of the Maharashtra Prevention of Dangerous Activities Act, 1981 (for short "MPDA Act") by respondent No.1 - Commissioner of Police, Solapur.

(2.) The facts of the case in brief are that Senior Inspector of Police, Salgarwasti Police Station, Solapur submitted a proposal on 10/3/2025 for detention of petitioner - Haridas Shankar Gaikwad under the MPDA Act to the Commissioner of Police, Solapur. Respondent No.1 - Commissioner of Police, Solapur and the Detaining Authority carefully considered and scrutinized the material placed before it and was subjectively satisfied that the activities of the petitioner were prejudicial to the maintenance of the public order. Respondent No.1 was satisfied that the petitioner is a dangerous person within the meaning of the MPDA Act. The respondent No.1 was further satisfied that the petitioner was acting in a manner prejudicial to the maintenance of the public order and it was necessary to detain him under the MPDA Act with a view to prevent him from acting in such manner in future. Respondent No.1 - Detaining Authority was satisfied from the material on which reliance is placed by him that the detention order needs to be made. The said material included the statements of in camera witnesses. The detention order was issued against the detenu on 14/4/2025. The detention order was served on the detenu on 14/4/2025. A report under sub-sec. (3) of Sec. 3 of the MPDA Act was sent to the Government of Maharashtra on 15/4/2025 by email. The State Government approved the order of detention on 23/4/2025 and confirmed the said order of detention on 22/5/2025.

(3.) Learned Counsel for the petitioner relied upon the grounds (e) and (f) of the memo of petition in support of her submission. The said grounds read as under;