- Case
- SAGAR ALIAS SACHIN RAJENDRA KUSEKAR v. DISTRICT MAGISTRATE AND ORS (Bombay High Court, 13-01-2025)
- Law
- Constitution of India, Indian Penal Code, Maharashtra Prevention of Dangerous Activities Act.
Facts: Sagar Alias Sachin Rajendra Kusekar was detained under a detention order issued by the District Magistrate, Pune, based on material mentioned in paragraph 4 of the detention order. This included a C.R. No. 387 of 2024 registered under Sections 341, 323, 504 and 506 of the Indian Penal Code and in-camera statements of witnesses regarding extortion. The petitioner challenged the detention order.
Procedural Posture: The petitioner challenged the detention order by filing a Criminal Writ Petition in the High Court of Judicature at Bombay, arguing that his representation against the detention order was not considered expeditiously, violating his rights under Article 22(5) of the Constitution of India.
Issue: Was there an unexplained and undue delay in considering the petitioner's representation against the detention order, thereby violating his constitutional rights and rendering the detention order liable to be set aside?
Holding: Yes, the High Court held that there was an unexplained delay in considering the petitioner's representation, and the detention order was quashed.
Reasoning: The Court found that there was a significant and unexplained delay between the date the petitioner's representation was sent from Yerwada Central Prison (16.11.2024) and the date it reached Mantralaya (03.12.2024). The affidavits filed by the authorities failed to explain this delay. The Court emphasized that while not every delay affects detention, an unexplained delay adversely affects the detenue's right to have their representation considered expeditiously and the authorities' duty to consider it promptly. The Court stated, "Thus, this particular delay between 16.11.2024 to 03.12.2024 has remained totally unexplained." Consequently, the detention order was deemed liable to be set aside.
