Court Slams Unconstitutional Detention: Maharashtra Ordered to Compensate

The Aurangabad bench of the Bombay High Court has invalidated a detention order deemed illegal, highlighting a misuse of power by a Jalgaon district magistrate against Dikshant Sapkale, aged 20. The court has mandated the Maharashtra government to compensate the detainee with Rs 2 lakh, recoverable from the magistrate's salary.

Deriding the delayed enforcement of the detention order, the court insisted that keeping such orders pending and serving them only upon release from custody constitutes a 'colourable exercise of power.' The court emphasized the grave impact on Sapkale's fundamental rights to life and liberty, deeming the authority's actions as arbitrary and unconstitutional.

The court criticized the authority's negligence in safeguarding liberties and underscored that preventive detention laws, being extraordinary measures, require stringent adherence to constitutional norms. Serious concerns were raised over the provision of documents in a language the accused did not understand, further invalidating the detention order.

(With inputs from agencies.)