HAMIDASARFARAZQUREISHI Vs. M S KASBEKAR

JUDGEMENT

(1.) This is a petition for issue of a writ of habeas corpus. The petitioner is the wife of the detenu, Sarfaraz Maqbool Querishi who has been detained under Section 3 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act. 1980 (Act 7 of 1980) (for short, called PREBLACT). The order was issued by the Commissioner of Police, Bombay on May 28, 1980. It was served on the detenu on May 29, 1980 when, according to the averments in the writ petition, he was an indoor patient in the St. George Hospital, Lucknow, struggling for his life, due to a massive heart attack. The grounds of detention were also supplied to him on the same day.

(2.) The detenu is a dealer in kerosene.

(3.) Mr. Jethmalani, appearing for the petitioner, has canvassed five points before us, The first point is that a representation dated June 27, 1980 was addressed to the detaining authority, Commissioner of Police, Bombay, but the latter refused to consider the same and this amounts to an infringement of the constitutional obligation implied under Article 22 (5) of the Constitution as well as Section 4 of the Act. The second point urged by the learned counsel is that the detenu had in his representation, expressed a desire that he be heard in person by the Advisory Board, that this right was denied to him, inasmuch as on the day on which the Advisory Board was to hold its meeting, a police officer at about 1 p.m. came to the Prince Ali Khan Hospital, and informed the detenu's wife that the detenu could appear before the Advisory Board in the afternoon, that the detenu was then in the Intensive Care Unit of the Hospital struggling to survive from a massive heart attack, and, as such, incapable of moving out and appearing before the Board. It is stressed that the detenu was in such a disabled condition that he could not even communicate with anybody.