STATE OF MAHARASHTRA vs SANTOSH SHANKAR ACHARYA

The Supreme Court held that non-communication of the right to make a representation to the Detaining Authority under Article 22(5) of the Constitution constitutes an infraction of the detenu's rights, thereby invalidating the detention order issued under sub-section (2) of Section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Boot-leggers, Drugs Offenders and Dangerous Persons Act, 1981. The Court affirmed the Full Bench's conclusion that such orders cannot remain valid for more than 12 days without State Government approval as per sub-section (3) of Section 3. The appeal by the State of Maharashtra was dismissed, upholding the High Court's decision.