Bombay HC Quashes Man’s Preventive Detention Over Mismatched Marathi-English Grounds And Unexplained Six-Month Extension

The Petitioner challenged a detention order dated 18 July 2026, passed under Section 3 of the Maharashtra Prevention of Dangerous Activities Act, 1981 (MPDA Act), and the consequential committal order.

The State Government’s approval order dated 28 July 2026 specified detention for 60 days from arrest, while its confirmation order dated 11 September 2026 directed detention for six months from actual detention.

The grounds of detention supplied in English and Marathi also differed materially in paragraph 8: the English version referred to C.R. No. 173 of 2026, while the Marathi version referred to C.R. No. 258 of 2026.

The Petitioner argued that the differing detention periods and grounds demonstrated non-application of mind and impaired his ability to make an effective representation.

The detention order was made under Section 3 of the MPDA Act, 1981.

The Court applied the principles that a decision confirming preventive detention must reflect application of mind, including where the stated period of detention changes, and that the grounds of detention must be sufficiently consistent to preserve the detenu’s valuable right to make an earliest effective representation.

The approval order specified 60 days’ detention, but the confirmation order extended detention to six months without referring to the earlier period or giving reasons for the change; the Court found no intervening circumstances to justify the extension and held that this showed non-application of mind.

Separately, the English and Marathi versions identified different offences in paragraph 8, creating a serious discrepancy that also impaired the Petitioner’s ability to make an earliest effective representation.

These defects rendered the detention order unsustainable.

It directed that the Petitioner be released forthwith, if not required in any other case, made the Rule absolute in terms of prayer clause (b), and disposed of the petition.