Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-Offenders, Dangerous Persons, Video Pirates, Sand Smugglers and Persons Engaged in Black-Marketing of Essential Commodities Act, 1981 – ss.3(1), (2) & 13 – Detention order of the Respondent—detenu passed by the detaining authority– Approved by the State Government – Challenged by the respondent – Set aside by the High Court – On appeal held: Impugned judgment passed by the High Court quashing the detention order on merits, confirmed – However, one of the grounds on which the detention order is set aside, namely, that in the detention order the detaining authority prescribed the period of detention for 12 months and the same is in breach of s.3, is set aside – High Court wrongly relied upon and mis-interpreted s.3(2) with respect to the period of detention – Sub-section (2) of s.3 relates to the period for which the order of delegation issued by the State Government is to remain in force – It has no relevance to the period of detention – Legislature has entrusted the power of detention to the State Government – However, those powers can be delegated to the Jurisdictional District Magistrate or the Commissioner of Police, as provided in sub-sec.(2) of s.3 – As per s.13 of the Act, a person can be detained under the Act for such period not exceeding the maximum period of 12 months from the date of detention – Order of detention passed by the authorities mentioned in sub-sec.(2) of s.3 is required to be confirmed by the State Government – As per s.13, once the order of detention is confirmed by the State Government, the maximum period for which the detenu shall be detained cannot exceed 12 months from the date of detention – Act nowhere requires the detaining authority to specify the period for which the detenu is required to be detained – Further, the directions issued by the High Court contained in Clauses (IV)-(VI) of the operative portion of the impugned judgment are also quashed – Constitution of India – Art.136. Disposing of the appeal, the Court
HELD: 1.1 One of the grounds on which the detention order is set aside, namely, that in the detention order the detaining authority prescribed the period of detention for 12 months and the same is in breach of Section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, DrugOffenders, Dangerous Persons, Video Pirates, Sand Smugglers and Persons Engaged in Black-Marketing of Essential Commodities Act, 1981 is concerned, considering the provisions of Section 3 read with Section 13 of the Act, the same cannot be sustained. On fair reading of Section 3 of the Act, more particularly, sub-section (2) of Section 3 of the Act, upon which much reliance has been placed by the High Court, sub-section (2) of Section 3 relates to the period for which the order of delegation issued by the State Government is to remain in force. It has no relevance to the period of detention. The Legislature has entrusted the power of detention to the State Government. However, those powers can be delegated to the Jurisdictional District Magistrate or the Commissioner of Police, as provided in sub-section (2) of Section 3 of the Act. As per Section 13 of the Act, a person can be detained under the Act for such period not exceeding the maximum period of 12 months from the date of detention. The order of detention passed by the authorities mentioned in subsection (2) of Section 3 of the Act is required to be confirmed by the State Government. As per Section 13 of the Act, once the order of detention is confirmed by the State Government, the maximum period for which the detenu shall be detained cannot exceed 12 months from the date of detention. The Act nowhere requires the detaining authority to specify the period for which the detenu is required to be detained. [Para 5.1][1158-D-E; 1159E-G]
1.2 The High Court wrongly relied upon and mis-interpreted Section 3 (2) of the Act with respect to the period of detention. Sub-section (2) of Section 3 of the Act relates to the period for which the order of delegation issued by the State Government is to remain in force and does not relate to the period of detention. [Para 5.4][1161-A-B]
1.3 Though the impugned Judgment and Order passed by the High Court quashing and setting aside the detention order on merits is confirmed, the finding in the impugned Judgment and Order passed by the High Court is set aside by which the High Court has set aside the order of detention on the ground that as in the detention order the period of 12 months is mentioned, the same is contrary to sub-section (2) of Section 3 of the Act, more particularly the observations made by the High Court in paragraph 33 of the impugned Judgment and Order. The directions issued by High Court contained in Clauses (VI), (V) and (VI) of the operative portion of the impugned Judgment and Order, are also quashed and set aside. Disposed of in the aforesaid terms. [Para 6][1161-F-G]
T. Devaki v. Government of Tamil Nadu (1990) 2 SCC
456 : [1990] 1 SCR 836 – relied on.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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