Participation in Political Rally Turned Violent Not Grounds for Preventive Detention : Bombay HC

The Bombay High Court's Aurangabad bench ruled that an individual cannot be subjected to preventive detention solely for participating in a political rally that later turned violent.

The court quashed the detention order under the Maharashtra Prevention of Dangerous Activities Act, 1981, against a petitioner involved in a Maratha reservation protest, citing a lack of evidence of instigation or possession of dangerous items.

The court noted an eight-month delay in enforcing the detention, violating Article 21 of the Constitution.

While the petitioner was seen pelting stones, the bench emphasized that curtailing liberty for such actions is unjustified.