Preventive detention cannot be easy substitute to deal with ordinary law & order problem: Bombay HC

The Bombay High Court had quashed and set aside the detention order passed by Pune Police Commissioner last November against the 28-year-old man and a social worker.

The Pune Police Commissioner had found it necessary to detain the Hingade to “prevent him from acting in a prejudicial manner to maintain public order” and the detention order was subsequently approved by the state government. (File Photo)

The Bombay High Court has recently held that the personal liberty of an individual is the most precious right guaranteed under the constitution and even though the state is empowered to put a restraint on it through preventive detention laws, “the power must be exercised after ensuring meticulous compliance of procedural safeguards”.

The HC also held that laws that authorise preventive detention cannot be resorted to as an “easy substitute” to deal with an “ordinary law and order” problem.

A division bench of Justices S S Shinde and N J Jamadar on June 22 made the observations while hearing a plea by one Shubham Hingade against a detention order under the Maharashtra Prevention of Dangerous Activities (MPDA) Act.

The court had quashed and set aside the detention order passed by Pune Police Commissioner last November against the 28-year-old man and a social worker.

The bench noted that there were two cases registered against Hingade at Chatushrungi police station under Arms Act, Maharashtra Police Act and Indian Penal Code for causing grievous hurt by use of a deadly weapon to a person.

During the inquiry, the police had found that Hingade and his associates had been committing offences and nobody from their locality was coming forward to lodge complaints or depose against the men due to “fear of retaliation”.

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Advocate Kapil Rathor, appearing for Hingade, had submitted that offences against his client were based on personal animosity and not against the “public order”.

After perusing the submissions, the bench noted, “It is appropriate to consider the distinction between ‘public order’ and ‘law and order’.

Public order is something more than ordinary maintenance of law and order. A proper test to distinguish the two is whether the complained acts led to disturbance of the ordinary tempo of life of the community so as to amount to a disturbance of the public order or it merely affected an individual leaving the tranquillity of society undisturbed. The given act by itself may not be determinant of its own gravity.”

Hingade was granted bail in both cases.

Omkar Gokhale

Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions. Expertise & Authority Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage. Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in: Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include: Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes). Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty). Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict. Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability. Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges. Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More

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