In a stern message against misleading the judiciary, the Nagpur Bench of the Bombay High Court recalled its own earlier order in a preventive detention case after discovering that the court was wrongly led to believe the detention was under the MPDA Act. Calling it a case of fraud on the court, the judges not only restored the petition for fresh hearing but also imposed a hefty cost of Rs 50,000. The case was filed by Shaikh Zibraeel alias Pinky Shaikh Rajjak against the State of Maharashtra. The petition challenged a preventive detention order. Advocate Mir Nagman Ali appeared for the petitioner, while Additional Public Prosecutor S A Ashirgade represented the State. The Bench comprising Justice Anil L Pansare and Justice Siddheshwar S Thombre noted that this petition was wrongly included and decided along with a group of similar petitions on September 30, 2025. Those petitions dealt with detention orders passed under the Maharashtra Prevention of Dangerous Activities Act, 1981 (MPDA Act).

 

Later, it was brought to the notice of the Court by the State that the detention order in the present case was not passed under the MPDA Act, but under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988. The Court observed that the provisions of the 1988 Act are different and not fully similar to the MPDA Act. The judges said they were made to believe that this petition was also under the MPDA Act, and therefore it was wrongly disposed of by a common judgment. They pointed out that neither the petitioner’s lawyer nor the State argued the case under the 1988 Act at the time of hearing. When questioned, the petitioner’s advocate submitted that it was a mistake and that he believed all preventive detention matters were similar.

 

However, the Court rejected this explanation. The judges noted that even after the judgment was pronounced, the advocate did not inform the Court about the mistake. The Bench held that the order was obtained by playing fraud on the Court. It observed that fraud vitiates the entire legal proceeding and makes the order invalid. As a result, the High Court recalled its earlier judgment dated September 30, 2025, only in respect of Criminal Writ Petition No. 454 of 2025. The Court imposed a cost of Rs 50,000, to be deposited with the Court registry within two weeks. The amount will be credited to the Police Welfare Fund, Nagpur. The petition has now been restored to file and will be heard afresh by the regular Bench in the week starting from January 27.