Nagpur :- Division Bench presided over Vinay Joshi and Vrushali Joshi JJ have quashed and set aside order of detention dated 29-07-2023 passed by Commissioner of Police, Nagpur thereby detaining him under sec 12 (1) of Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug offenders, Dangerous persons and Video Pirates Act, 1981.
Khailesh Salame was detained under section 3 MPDA Act vide by Commissioner of Police, Nagpur .
Khailesh Salame was detained on the allegations that he is a dreaded criminal as a result of which people are scared to depose against him. There were 8 criminal cases registered against him and 2 persons had given in camera statement against him. It was alleged that his activities were disturbing the public order.
Adv Mir Nagman Ali appearing for Khailesh Salame submitted that, there was no proper verification of in camera statements by the detaining authority. It was further submitted that, detaining authority has taken into consideration irrelevant material while passing the detention order. It was submitted that, there was delay of more than 5 months in passing the detention order. It was further submitted that, there was complete non-application of mind while passing the order of detention.
While allowing the writ petition, Hon’ble Division Bench observed-
7. There is gap of 5 and ½ months in last crime registered and the order passed. Crimes are considered for detention order are of 04.02.2023 and the order was passed on 29.07.2023. The proposal sent to the authority on 08.07.2023 and the statements were seen by the authority on the same day, therefore, in-camera statements were not seen by the detaining authority.
11. Moreover, there is delay in passing the detention order. Crime Nos. 53/2023, 54/2023 and 55/2023 registered on 04.02.2023 are considered for passing the detention order dated 29.07.2023. The incamera statement of the witnesses are also recorded on 16.02.2023 and 26.02.2023. There is delay in sending the proposal. The proposal was sent on 29.07.2023 and the detention order was passed by the Government of Maharashtra on 13.09.2023. There is no explanation about the delay. There is no nexus and live link between the last crime registered and the detention order passed on 29.07.2023.
14. On careful perusal of the detention order, it reveals that “the detaining authority perused all the material which was placed before him and after subjective satisfaction that activities of the detenue were prejudicial to the maintenance of the public order”. The detaining authority further satisfied that the detenue is a dangerous person as defined in Section 2 sub-clause [b-1] of the MPDA Act. The detaining authority further satisfied that the detenue was acting in a manner prejudicial to the maintenance of public order in the area of detenue where he was stayed. On perusal of the detention order, it is abundantly clear that the detaining authority not only considered the relevant material but apart from said material, the extraneous material is also considered by the detaining authority.
Adv Mir Nagman Ali appeared for Khailesh Pancham Salame.
