PHULWARI JAGDAMBAPRASAD PATHAK Vs. R H MENDONCA

JUDGEMENT

(1.) Leave granted.

(2.) In this appeal filed by the mother of Shyamsunder @ Navin @ Amar @ Mahesh Jagdambaprasad Pathak, the detenu, the judgment of the Bombay High Court in Criminal Writ Petition No. 872 of 1999, dismissing the writ petition is sought to be assailed. In the aforementioned criminal writ petition the appellant had challenged the order of detention dated 19-6-1999 passed by the Commissioner of Police, Brihan Mumbai, detaining Jagdambaprasad Pathak under sub-section (1) of Section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 (No. LV of 1981) (for short referred to as the Act).

(3.) The detaining authority passed the order in exercise of the power conferred by sub-section (1) of Section 3 of the Act read with the Government Order, Home Department (Special) No. DDS-1399/I/SPL-3(B), dated 30th March, 1999, on being satisfied that it was necessary to make an order directing detention of the detenu with a view to prevent him from acting in any manner prejudicial to the maintenance of public order. By a spearate order passed on the same day, the detenu was directed to be detained at Nasik Road Central Prison, Nasik. The grounds on which the detention order was made were communicated by the detaining authority to the detenu by a separate communication on the same day. It was specifically stated in the said communication that copies of the documents placed before the detaining authority were enclosed excepting the names and identifying particulars of the witnesses/victims in connection with the grounds mentioned in paragraph No. 4(b)(i) and 4(b)(ii) which could not be furnished to the detenu in public interest. In paragraph 2 of the communication, it was averred :