SABIRA SHAIKH RAEES Vs. R H MENDONCA

JUDGEMENT

(1.) THROUGH this Writ Petition preferred under Article 226 of The Constitution of India, the petitioner who styles herself as the wife of the detenu raees Bashir Shaikh, has impugned the detention order dated 21st July, 1999 passed by the first respondent Mr. R. H. Mendonca, Commissioner of Police, Brihan Mumbai, detaining the detenu 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) (Amendment -1996) (hereinafter referred to as the MPDA Act ). The detention order along with the grounds of detention also dated 21st July, 1999, was served on the detenu on 13th august, 1999. True copies of the detention order and the grounds of detention are annexed as Annexures A and B respectively to this Writ Petition.

(2.) A perusal of the grounds of detention would show that the impugned detention order is founded on one C. R. , namely c. R. No. 265 of 1998 of Sir J. J. Marg Police Station, mumbai, under sections 224, 225, 143, 147, 148, 332 and 452 indian Penal Code registered on a complaint lodged by Police constable Pravin Kadam and two in-camera statements of witnesses A and B respectively.

(3.) WE have heard learned counsel for the parties. Since in our view, this petition deserves to succeed on the ground pleaded as ground No. 9 (D) in the Petition, we are neither adverting to the other grounds of challenge raised in the writ Petition nor to the details of the prejudicial activities of the detenu contained in the grounds of detention, giving rise to the impugned detention order.