Published On : Tue, Mar 3rd, 2020

HC quashes goon Gadekar’s detention under MPDA Act

Nagpur: Justice S B Shukre and Justice M J Jamdar of Nagpur Bench of Bombay High Court have quashed and set aside detention of Rakesh Mohan Gadekar who is allegedly dreaded goon in Waregoan, Kanhan, Khaparkheda, Bina Sangam and adjoining areas.

The Nagpur District Collector had passed an order dated 24-06-19 detaining Gadekar for a period of 1 year under Sec 12 (1) of Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug offenders, Dangerous Persons and Video Pirates Act, 1981. It was the case of the Collector that Rakesh has been continuously engaging in commission of offences of body and property including voluntarily causing hurt, intentional insult with intention to provoke breach of peace, kidnapping, abduction, possession of deadly weapons, criminal assault etc. There were as many as 10 offences registered against Rakesh. He was also externed for a period of 6 months by SDO. The Collector has also relied upon the statement of two witnesses recorded in camera to come to conclusion that petitioner is a ‘dangerous’ person as defined in the Act and for the prevention of Rakesh from acting in any manner prejudicial to the maintenance of public order, his detention under Section 3 of the Act came to be passed.

During the hearing, it was submitted that, statement of witness “A” relates to incident dated 3-06-18 but same has been recorded on 16-03-19 which itself suggests that, statements are farcical thus entitling the same to be discarded. Moreover statement of witness “B” does not give material particulars and therefore same needs to be discarded.

It was also submitted that, detaining authority i.e. Nagpur District Collector has not actually gone through the statements of secret witness and thus there is non-application of mind. Furthermore, the last offence registered against the Rakesh is Crime No. 703/18 PS Khaparkheda dated 27-12-18 and the order of detention has been passed on 24-06-19 and hence there was no live link requiring detention of Rakesh and therefore impugned order needs to be quashed and set aside.

It was also submitted that, relevant material was not placed before the detaining authority for its perusal and therefore there is non application of mind.

Accepting the submissions of Adv Mir Nagman Ali, Division Bench comprising of Justice S B Shukre and Justice M J Jamdar have quashed and set aside detention of Rakesh Mohan Gadekar and directed him to be released immediately.

Adv Mir Nagman Ali appeared for the petitioner Rakesh Gadekar.