S.S.SHINDE,J. - (1.)Rule. Rule made returnable forthwith and heard with the consent of learned counsel for the parties.
(2.)The Petitioner / Detenu Vicky @ Munna Mahesh Shinde has preferred this Petition questioning the preventive detention order passed against him on 15th October 2019 by Respondent No. 1 - the District Magistrate, Ahmednagar. The said detention order has been passed under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug offenders, Dangerous persons and Video Pirates Act, 1981 (hereinafter referred to as 'MPDA Act'). The said detention order has been issued as the Detenu is a Dangerous person whose activities are prejudicial to the maintenance of public order.
The detention order is based on three Crimes i.e. C.R. No. I-219/2019 registered with Shirdi Police Station, for the offences punishable under Sections 392, 34 Extra Section 394 of the Indian Penal Code , and C.R. no. I-594/2019 registered with Shirdi Police Station, for the offences punishable under Sections 141 , 143 , 147 , 149 , 323 , 504 , 506 of IPC and CR No. 687/2019 registered with Shirdi Police Station for the offences punishable under Sections 326 , 323 , 504 , 506 , 34 of IPC.

(3.)Though the number of grounds have been raised in the present petition whereby the detention order has been assailed, however, the learned counsel appearing for the Petitioner / Detenue has pressed only four grounds before us i.e. ground nos. 'c', 'd', 'f' and 'g'. Those grounds are reproduced herein below in verbatim.
c. The Petitioner says and states that there are various documents which are placed before the detaining authority in English language, no translation of page Nos. 47, 71, 77, 99, 31, 66, 91, 32, 33 of the compilation which are relied on documents in C.Rs. considered by the detaining authority which include Judicial Orders, injury certificates and other vita and most relevant documents whose Marathi translation is not supplied to the Petitioner. As a result the Petitioner is deprived of making any effective representation as such his right to make effective representation guaranteed under Article 22(5) of the Constitution is violated. This is in clear violation of constitutional safeguards and non following procedures required to be followed in preventive detention cases also violating Article 21 of the Constitution of India. The order of detention is illegal and bad in law liable to be quashed and set aside.

d.The Petitioner says and submits that there are various documents found at page 42, 43, 51, 72, 101 which are relied on and considered by the detaining authority are found to be wholly and/or partly illegible. The Petitioner is unable to read and understand the contents of documents as such his right to make effective representation guaranteed under Article 22(5) of the Constitution of India is violated. This is in clear violation of constitutional safeguards and non following procedures required to be followed in preventive detention cases. The order of detention is illegal and bad in law liable to be quashed and set aside.

f. The Petitioner says and submits that the detaining authority has taken into consideration three criminal cases registered against the Petitioner vide C.R. No. I-219 of 2019, C.R. No. I-594 of 2019 and C.R. No. I-687 of 2019, all registered at Shiroli Police Station. The Petitioner was granted bail by the competent Court of law in all abovementioned cases and the Petitioner was a free person when he was detained under M.P.D.A. Act. The Petitioner says and submits that neither Bail Applications and Bail Orders in these cases are placed before the detaining authority nor copies of Bail Applications and Bail orders are furnished to the Petitioner. It is held by the Hon'ble Supreme Court of India that in such cases Bail Application and Bail Orders are most relevant and vital documents, which are necessarily required to be placed before the detaining authority and copies should be furnished to the Petitioner for making effective representation. The Petitioner says and submits that in this case no Bail Application and Bail Orders are either placed before the detaining authority or copies furnished to the Petitioner. The satisfaction vitiated. The order of detention is illegal and bad in law liable to be quashed and set aside.

g. The Petitioner says and submits that a representation of the detenu dated 17.12.2019 was sent by Speed Post to the State Government through the Nashik Road Central Prison, Nashik for expeditious consideration and revocation of the order of detention. The Petitioner has so far not received any communication as regards to the consideration of the abovesaid representation thereby the State Government has delayed in considering and communicating the result. The State Government is called upon to explain the said delay, if any, to the satisfaction of this Hon'ble Court failing which the continued detention will be held as illegal. The order of detention is illegal and bad in law, liable to be quashed and set aside.