In a critical judgment, the Bombay High Court highlighted the violation of fundamental rights due to delayed decision-making on representations against preventive detention orders. This case centered on Sadhu Bhaskar Pawar, whose representation against his preventive detention was addressed by the authorities only after a significant delay, leading to the court's strong rebuke.
Case Background
Sadhu Bhaskar Pawar, detained under a preventive detention order, submitted his representation against the detention on January 25, 2024. However, the authorities took over a month, until February 26, 2024, to decide on his representation. The authorities attributed the delay to policemen being on bandobast duty, election duty, public holidays, and other official work, which they claimed hindered the preparation of the detailed report needed to address Pawar’s representation.
Judicial Scrutiny and Observations
The division bench, comprising Justices Bharati Dangre and Manjusha Deshpande, scrutinized the authorities' explanations for the delay. The bench emphasized that the law mandates prompt and urgent action when dealing with representations against preventive detention. The judges found the explanations given by the detaining authority and the state government to be unconvincing and lacking the necessary urgency expected in such matters.
Legal Framework and Principles
The court underscored the constitutional expectation that authorities must act with utmost diligence and promptitude when curtailing an individual's fundamental rights. The law stipulates that any delay in deciding on a detenu’s representation must be satisfactorily explained and must not appear to be casual or complacent. The judges highlighted that the authorities' casual approach and the inadequate explanation for the delay undermined the principles of justice and fairness.
Violation of Fundamental Rights
Justice Dangre and Justice Deshpande were unequivocal in their judgment that the delay constituted a violation of Pawar’s fundamental rights. The court observed that the gap between the receipt and disposal of the representation was 30 days, and the reasons provided for this delay lacked the required promptitude and expediency. The judges concluded that the delay was unexplained and, thus, fatal to Pawar's constitutional rights.
Court's Decision
In light of the unexplained delay and the resultant violation of fundamental rights, the court ordered the immediate release of Sadhu Bhaskar Pawar. The bench set aside the detention order, reaffirming that any action curtailing fundamental rights must be conducted with a sense of urgency and due diligence. The judges stressed that the authorities failed to meet these standards, leading to the setting aside of the preventive detention order.
Implications and Significance
This ruling has significant implications for the administration of preventive detention in India. It reinforces the judiciary's role in protecting fundamental rights and ensuring that authorities adhere to constitutional mandates. The judgment serves as a stern reminder to authorities to act promptly and diligently when dealing with representations against preventive detention, as any delay can result in the violation of fundamental rights.
Conclusion
The Bombay High Court’s decision underscores the importance of timely decision-making in matters of preventive detention to protect fundamental rights. By setting aside the detention order due to the significant delay in addressing Pawar’s representation, the court has highlighted the necessity for authorities to act with urgency and due diligence in such sensitive matters. This judgment serves as a critical precedent, emphasizing the judiciary's commitment to upholding constitutional principles and safeguarding individual rights.
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