Bombay HC Quashes MPDA Detention Of 4-Month Pregnant Woman, Says Police Failed To Use Normal Legal Remedies

On September 7, 2026, the Bombay High Court overturned the preventive detention of a four-month pregnant woman from Pune, Usha Sakat, under the Maharashtra Prevention of Dangerous Activities (MPDA) Act. The court ruled that the police had failed to utilize regular legal remedies before resorting to the MPDA Act, which allowed her detention.

The bench of Justices Sarang Kotwal and Ranjitsinha Raja Bhonsale dismissed the June 30 detention order issued against Sakat, who was held in Kolhapur Central Prison as a "bootlegger" under the MPDA Act.

Sakat challenged her detention, arguing that her pregnancy made continued confinement unnecessary. Her legal team also contended that the authorities wrongly believed that ordinary criminal laws were inadequate to counter her alleged activities. The State, however, argued that Sakat had repeatedly committed offenses and would receive appropriate medical care during her pregnancy.

The court acknowledged that 11 offenses had been registered against her between 2023 and 2025, all related to violations of the Maharashtra Prohibition Act. However, she was arrested only once, while the other instances only involved notices.

The court questioned the grounds for her detention, noting that the two confidential statements used to justify her classification as a "dangerous person" did not meet the definition of a "bootlegger" under the MPDA Act. The court found that their subjective satisfaction in labeling her as a bootlegger based on these instances was improper. Additionally, the bench pointed out that Sakat had posted a Rs 50,000 bond for good behavior in May 2025, which remained valid until May 2027.

The authorities claimed she committed another offense during this period, but instead of enforcing the bond conditions, they withdrew preventive proceedings and issued the detention order within four days. The court observed that the police had the power under the Bharatiya Nagarik Suraksha Sanhita to cancel the bond and arrest her if she violated its conditions. The court held that the police did not exercise these normal legal powers, thus invalidating the detention order.