Aurangabad, July 2:
Aurangabad division bench of Bombay High Court comprising Justice Sarang V Kotwal and Justice Bharat P Deshpande cancelled the order issued by the district judicial magistrate to detain Vanchit Bahujan Aghadi (VBA) Beed district president Shivraj Janardan Bangar.
As per the details, Pimpalner police had submitted a proposal on September 13, 2021, to the collector of Beed district for detaining Bangar. The police in this proposal had exaggerated Bangar’s criminal activities. However, the order of his detention was based primarily pertaining to the case no. 146/21 registered with Pimpalner police station about organising a morcha by breaching Covid guidelines and one case registered against him on the basis of two confidential statements in which he has threatened and robbed the complainant. In this regard, the district judicial magistrate on December 13, 2021 issued an order to detain Bangar and accordingly he was arrested on February 9, 2022 and detained in Harsul prison. He was informed about the reasons for his detention.
The state government had accepted the aforesaid order. Hence, Bangar filed a criminal petition against the order through Adv Sandeep R Sapkal.
On his behalf, senior counsel Vijaykumar Sapkal argued that although, the petitioner has a criminal background, he had not hampered the social peace. The crime was of personal form. However, the period of submission of the proposal for detention and issuing order was very long, which is not according to the natural justice. Banger in this regard had submitted an application to the government, the decision on it was delayed and the reasons given for is is not according to the situation. As a result, the constitutional rights of the petitioner has been hampered and he should be released soon, such plea was made before the bench.
Assistant government pleader R V Dhasalkar appeared for the government. After the hearing, the bench issued the bench canceled the detention order.