KAMALA Vs. O P BALI COMMISSIONER OF POLICE

JUDGEMENT

(1.) THE wife of the detenu has filed this petition seeking to quash and set aside detention order dated 20-12-1999 which was served on the detenu on 8-1-2000. Reference was made to the Advisory Board under section 10 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 (for short, the said "act") on 17-1-2000. The Advisory Board gave its opinion on 22-12-1999 and the Government confirmed the order of detention on 21-2-2000.

(2.) THE detention order was issued by the Commissioner of Police, Nagpur in exercise of power conferred under sub-section (1) of section 3 of the said Act read with Government Order, Home Department (Special), No. DDS. 1399/4/spl-3 (B) dated 19th November, 1999. The same was approved by the State Government on 28-12-1999. The detention order and the grounds of detention were served on the detenu on 8-1-2000 itself. In the grounds of detention, it is stated that since the year 1979, the petitioner has been engaging himself in criminal activities and has created reign of terror in the minds of peace-loving and law-abiding people. The grounds of detention cite 51 past offences from the year 1978 to 12-1-1999. In the past history of the detenu, it is further stated that he was detained on 14-4-1975 under the provisions of the Maintenance of Internal Security Act, 1971 and was released from the said detention on completion of two years on 14-4-1977. Even after release, the detenu continued to indulge in the commission of violent and desperate acts and thereby continued to create terror in the minds of people. Then four other criminal cases of the years 1974 to 1976 are cited as also the fact that the detenu was externed under section 57 (a) (i) of the Bombay Police Act from Nagpur City for a period of two years by the Deputy Commissioner of Police, C. I. D. , Nagpur vide order dated 7-3-1978 which was served on the detenu on 15-3-1978. The petitioner was again detained under the National Security Act by the Commissioner of Police, Nagpur vide order dated 18th October, 1981 and was released after one year on 17-10-1982. The petitioner was once again detained under the provisions of the National Security Act, 1980 by Commissioner of Police vide order dated 20-11-1983, but he was ordered to be released by the Advisory Board on 23-12-1983. The petitioner was again detained under the provisions of the National Security Act, 1980 by the Commissioner of Police, Nagpur vide order dated 1-5-1992 and the writ petition filed by the petitioner challenging the detention of the petitioner was dismissed by this Court and the detenu was released by the Supreme Court on 30-4-1993.

(3.) THE detention order then cites one extortion case against the petitioner registered under Crime No. 418/99 under sections 386, 323, 506 read with sections 34 and 120-B of the Indian Penal Code in which the detenu was first granted interim bail and subsequently the interim bail was confirmed. The prosecution relies on this criminal case as also gist of four in camera statements of witnesses "a" to "d".