BIMLA DEWAN Vs. LT GOVERNOR OF DELHI

JUDGEMENT

(1.) A Habeas Corpus petition under Article 226 of the Constitution has been moved by the petitioner in connection with the detention of her husband under the National Security Act, 1980. It is claimed that the detention order is without jurisdiction, arbitrary, mala fide and a colourable exercise of power for ulterior and collateral reasons. The detention is dated 25th Sept. 1981 and the grounds have been also been annexed to the petition. According to the petitioner, her husband has been cobducting a business of running an eating house known as 'Kamal Restaurant' the police officials in the locality have been seeking free entertainment and demanding gratification which the detenu has denied) therefore, the police official have allegedly registered a number of false cases against him, but the deteue has always been acquitted or discharged in all of those cases.

(2.) It is also submitted that the name of the detenu was included in the Surveillance Register and a history sheet was also opened, but this action was struck down in Criminal Writ No. 66 of 1977, decided by Talwar J. on 14th April, 1980. It is claimed that in spite of the decision in that Writ Petition, more false cases have been filed against the detenu.

(3.) In addition, on 18th August, 1931, the police officers of Police Station Patel Nagar had sealed the restaurant and a show case notice was also received on 22nd September, 1981, as to why the Certificate of Registration should not be cancelled. This was the subject-matter of Writ petition No. 2307 of 1981 which was also admitted and stay order passed.