The Aurangabad bench of the Bombay High Court has quashed the preventive detention of a 20-year-old Beed resident, citing constitutional violations and procedural lapses.
Nikhil Ranjwan was detained under the Maharashtra Prevention of Dangerous Activities Act (MPDA) on February 5, 2024, for allegedly participating in violent protests supporting the Maratha reservation in October 2023.
His detention was based on two FIRs involving over 600 protestors, but the order was executed only in September 2024, leading to his incarceration in Harsul Jail, Aurangabad.
Ranjwan’s lawyer, Advocate Rajendra Hange, argued that the seven-month delay in enforcing the detention order broke the “live link” between the alleged incidents and the detention. The state’s counsel, AD Wange, countered that Ranjwan’s actions, including stone pelting and carrying a saffron flag, endangered public safety, labelling him a habitual offender.
However, Justices Vibha Kankanwadi and Rohit Joshi ruled that participation in a political rally, even if it turned violent, did not justify preventive detention. The court found that Ranjwan was unfairly singled out despite many others being involved. Additionally, the bench noted that the state failed to follow Section 7 of the MPDA, which applies to absconding detainees.
The court observed that preventive detention is an extreme measure requiring strong evidence, and procedural delays in Ranjwan’s case undermined its legitimacy. Declaring the detention a violation of Articles 14 and 21 of the Constitution, the court ordered his immediate release.