Bombay HC Stresses Caution in Preventive Detention Orders

The Bombay High Court emphasized the need for extreme caution when issuing preventive detention orders, emphasizing that a casual approach risks infringing on fundamental freedoms. The court quashed an October 2023 detention order against Rakesh Jejurkar, citing a failure to provide an opportunity for representation and the need to safeguard individual liberties.

The Bombay High Court has emphasized the necessity for authorities to exercise extreme care and caution when issuing preventive detention orders, warning that a casual approach could unjustly deprive an individual of their fundamental right to freedom and liberty.

On July 2, a division bench comprising Justices Bharati Dangre and Manjusha Deshpande annulled a preventive detention order issued in October 2023 against Rakesh Jejurkar. The bench noted that Jejurkar was not provided an opportunity to file a representation against the detention order and consequently directed his release.

The court highlighted that when a statutory enactment grants extraordinary powers to the executive, such as detaining a person without recourse to ordinary laws, these powers must be exercised with utmost responsibility. Any casual approach could infringe upon a citizen's most precious fundamental rights.