MANOJ GAJANAN PATIL Vs. R H MENDONCA

JUDGEMENT

(1.) THROUGH this petition preferred under article 226 of the Constitution of India, the petitioner-detenu impugns the Detention Order dated 2nd February 1999 passed by the 1st respondent Mr. R. H. Mendonca, commissioner of Police, Brihan Mumbai, detaining him under sub-section (1) of section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drugs offenders and Dangerous Persons Act, 1981 (No. LV of 1981) (Amendment 1996) (also referred to as M. P. D. A. Act ). The Detention Order along with grounds of detention also dated 2nd February 1999 was served on the petitioner-detenu on 2nd February 1999. True copies of the Detention Order and the grounds of detention are annexed as Exhibits A and B respectively, to this Petition.

(2.) A perusal of the grounds of detention would show that the petitioner-detenu has been detained as a dangerous person under the M. P. D. A. Act and the impugned Detention order is based on one C. R. and two in-camera statements.

(3.) C. R. is referred to in ground 5 (a) (iii) of grounds of detention and is C. R. No. 132/98 under sections 387,427 and 34 Indian Penal Code arising from a complaint lodged by jeevan Sukha Gohil, at Trombay Police Station on 22nd september 1998, the details of which are given in grounds 5 (a) to 5 (a) (ii ). In short, it has been alleged that Jeevan sukha Gohil has been residing at Samrat Ashok Nagar, raghuseth Wadi, Near Sandhale Building, Govandi, Mumbai where he used to repair autoriksha and sell autoriksha spare parts. The detenu used to visit his place of residence-cum-business and demand hafta of Rs. 2,000/- per month. On several occasions he had asked him to pay hafta and threatened him with dire consequences if he failed to do so but on account of his terror Jeevan Sukha Gohil did not report the matter to the police and instead closed down his business in 1995. About four months prior to 20th September, 1998, two unknown persons approached him and told him that the detenu and his associates had called him at Govandi. Accordingly, he accompanied them and went to Govandi where the detenu and his associates were present. The detenu s associate Pramod Patil asked him whether he was paying hafta or not, to which he expressed his inability to pay such a huge amount. Thereafter the detenu s associate Shashikant patil told him that in case he did not want to give the hafta he should pay a donation for Navratri festival. On that, Jeevan Sukha Gohil told the detenu and his associates that he can pay Rs. 100/- to Rs. 150/- and this annoyed the detenu s associate Shashikant Patil, who threatened him to pay Rs. 2,000/and told him that in case he lodged a complaint he would be finished. Jeevan Gohil lodged his complaint on the basis of which C. R. No. 132/98, referred to above, was registered at Trombay Police Station against the detenu and his associates Pramod Patil and Shashikant Patil. 3a. The in-camera statements are of witnesses A and B and are referred to para 5 (b), 5 (bi) and 5 (bii ). Witness A in his statement dated 10-12-1998 stated that he knew the detenu and his ascociates Pramod Patil, shashikant Patil, Balu Raut, Jagya Chavan and Balya Atakari as members of a gang moving in the areas of Samrat Ashok nagar, Borla, Govandi, Deonar and areas adjoining thereto with deadly weapons like sword, chopper, gupti, knives and committing serious offences such as extortion, robbery, eve teasing, etc. and on account of fear of reprisal at the hands of the detenu and his associates, none dared to depose against them. One day in the last week of October 1998, at about 7. 00 p. m. , when he was returning from Govandi Railway station, the detenu and his associates surrounded him with lethal weapons. His associate Pramod Patil demanded Rs. 500/-for a party. He told the detenu and his associates that he was not having that much money, on which the detenu placed a chopper on his neck and threatened him saying that do you want to live in Govandi and don t you know us. When he was trying to convince the detenu, the detenu s associates shashikant Patil and Jagya Chavan started assaulting him with kicks and fists. When he tried to defend himself, the detenu s associate Pramod Patil forcibly removed Rs. 300/-from his pocket and the detenu and his associates threatened to set his house on fire. He screamed but seeing the detenu and his associates armed with deadly weapons, and on account of their terror people dispersed from the place and shop-keepers closed their shops immediately. Thereafter he went and disclosed this incident to his family members, who advised him not to lodge a complaint because he and they had to stay in the same area. Witness B in his statement dated 13-12-1998 stated that he knew the detenu and his associates Pramod Patil, shashikant Patil, Balu Raut, Balya Atakari and Jagya Chavan as goondas, who had created a gang which is moving about in the areas of Samrat Ashok Nagar, Borla, Govandi, Deonar and adjoining areas and at the point of dangerous weapons used to commit crimes like extortion, robbery, criminal intimidation and eve teasing and due to their fear none dared to lodge a complaint against them. He further stated that one day in the second week of September 1998, when he was siting at his shop at 5. 30 p. m. , the detenu and his associates Shashikant Patil, Pramod Patil, Balya Atakari, jagya Chavan and two others came there armed with deadly weapons. The detenu was armed with a sword and his associate pramod Patil was armed with a Gupti. The detenu and shashikant Patil abused the witness in filthy language and asked him to give last month hafta of Rs. 2000/-, on which the witness told them that since his business was slack he could not pay the said amount. On that, the detenu s associate Pramod Patil placed gupti on his chest and threatened him to give money else the detenu and his associates would break his hands and legs. While he was convincing them with folded hands the detenu and his associate Jagya Chavan pulled him out of his shop and inflicted on him fist and kick blows and his other associates Jagya Chavan and Shashikant Patil threw away glass jars on the road and the detenu forcibly removed Rs. 200/- from his shirt pocket. He shouted for help but the nearby shop-keepers and customers on seeing the detenu and his associates, did not come forward to help the witness and instead ran away helter-skelter. The nearby shop-keepers pulled down their shutters. On account of fear he did not disclose the incident to anyone.