Summary
In this 2017 order the Court set aside a preventive detention order that specified no detention period. Applying strict construction and Cherukuri Mani, it held that the statutory requirement to specify a period, subject to the initial six-month cap, could not be bypassed by a blanket order.
Issues
- Whether an order of preventive detention without a specified period was sustainable.
Provisions considered
- Section 3, Maharashtra Prevention of Dangerous Activities Act, 1981The Court construed the proviso as requiring a specified detention period within the initial six-month limit. (¶ 6–8)
Held
- Preventive detention curtails liberty without trial and its prescribed procedure requires strict observance. The Court applied the reasoning of Cherukuri Mani concerning a materially similar provision and held the period-free order unsustainable. (¶ 7–9)
Result
Appeal allowed; detention order of 10 October 2016 set aside. Detenu to be released forthwith unless wanted in another case.