Nagpur: The High Court, with Justices Vibha Kankanwadi and Vrushali Joshi presiding, has quashed the detention order issued under the Maharashtra Prevention of Dangerous Activities (MPDA) Act by the Collector and District Magistrate of Pusad. The State argued that the accused posed a threat to public order, justifying the 12-month detention based on ongoing criminal activities and pending cases against the accused. The order was purportedly based on statements from confidential witnesses and intended to maintain public order.
However, the accused’s counsel, Advocate Joseph Bastian, representing Advocate Prakash Naidu, argued that the order violated the MPDA Act’s principles and the Constitution of India’s fundamental rights. They contended that only two out of five pending cases were considered in the detention order, one of which had already resulted in acquittal. Additionally, the sealed envelopes containing confidential witness statements were found to contain statements from only one witness, indicating arbitrary action by the detaining authority.
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The court found no substantial grounds for the detention order, noting improper application of mind by the detaining authority and the lack of threat to public order from the accused. Consequently, the High Court quashed the detention order and directed the immediate release of the accused. Advocates Prakash Naidu, Joseph Bastian, and Surbhi Godbole Naidu represented the accused, while Advocate Sanjay Doifode represented the State.
