MHA earns HC wrath for delaying release of man detained for a year

“The written representation of the preventive detinue has been treated with disdain and belatedly… it should have been considered with a sense of urgency. Preventive detention is an inroad into the fundamental right of personal liberty, the most basic of all human rights,” the Bench observed.

Twenty-eight-year-old Meharban was put under preventive detention under the National Security Act as per the orders of the Commissioner of Delhi Police on September 28, last year.

Meharban is suspected to be a member of a gang active in Delhi and neighbouring Uttar Pradesh, allegedly involved in 13 criminal activities, including offences under the Gangsters Act and Arms Act.

On May 18, this year, he wrote to the Ministry for a revocation of his detention.

Interestingly, though letter was admittedly received by the MHA the very next day, it for no given reason logged the receipt or took any notice of the missive from May 19 to June 1.

Another 12 days passed before the MHA forwarded the letter to the National Security Act Section housed at Lok Nayak Bhavan to process the request. The plea was finally rejected on June 22, following which Meharban approached the court for a quashing of the detention order.

Observing that “any further detention of the petitioner is illegal”, the Bench went on to quash the detention order of September 2006.

“The delay in even considering the request of the petitioner (Meharban) was fatal and violative of the Constitution. The request was dealt in a casual, callous and cavalier manner,” the court noted.

To a submission by the Ministry that release of Meharban from preventive detention was a danger to the public, the court replied: “It may be that the detinue does not deserve any sympathy in view of the nature of his activities, but at no cost can the precious right of personal freedom be trifled with.”