ANANT S/O MANIKRAO KACHALE Vs. STATE OF MAHARASHTRA, THROUGH ITS SECRETARY, HOME DEPARTMENT, MANTRALAYA, MUMBAI

JUDGEMENT

(1.) By invoking the powers of this Court under Article 226 and 227 of the Constitution of India, the petitioner has prayed for issuing writ of certiorari or any other appropriate writ for quashing and setting aside order dated 10-10-2017 issued by the Section officer, Home Department of the respondent No.1; thereby confirming the order dated 24-08-2017 passed by respondent No.2 -District Magistrate, Parbhani.

(2.) The factual matrix giving rise to the petition are that, the petitioner is resident of Vaitagwadi Tq. Sonpeth District Parbhani. He is an agriculturist by profession. It is his contention that, revenue officers and police personnel from the respondent No.3 have filed false complaints against him with an intention to see that he is harassed. All the offences stated in the report of respondent No. 3, are registered under the provisions of Indian Penal Code and Section 48 (7) (8) of the Mines and Minerals (Development and Regulation) Act. He has not been convicted up till now. Respondent No.3 had submitted report to respondent No.2 that due to the illegal activities of the petitioner near about 16 cognizable offences are registered and pending against him. It is stated that, already preventive action has been taken against the petitioner. It is alleged that, there is no change in the nature of the petitioner, and therefore, action under the provisions of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-offenders, Dangerous Persons Act, 1981 (hereinafter referred to as 'MPDA Act'), is required to be taken against the petitioner. On the basis of the said report, respondent No.2 had issued detention order dated 24-08-2017 without applying the mind. The said order is just the reproduction of the contents of the report submitted by respondent No.3.

(3.) Petitioner says that, all the allegations made against him are false and incorrect. While issuing the said order of detention, the police had not followed the guidelines of the Hon'ble Apex Court. He was arrested for detention on 24-08-2017, when he was present in the house. He has been directly sent to Harsul Prison At Aurangabad. No information has been given regarding his arrest to the relatives and his signatures have been obtained by the police under pressure. After getting papers from the jail authorities, the relatives of the petitioner approached to take recourse under Section 10 of the MPDA Act. The matter was then taken to the Advisory Board, however no opportunity was given to the petitioner to represent his case under Section 11 of the said Act, and directly submitted the report to the Government. The Government has also confirmed the said detention order illegally and against the principles of natural justice. The impugned order of the Government does not take into consideration the maximum period for which a person may be detained. The maximum period for which the person can be detained is 12 months but that cannot be at one stretch. The State Government in fact at one stretch can detain a person for a period not exceeding three months.