LAWS(BOM)-2000-1-25

KUSUM MANGAL SINGH Vs. R H MENDONCA

Decided On January 12, 2000
KUSUM MANGAL SINGH Appellant
V/S
R.H.MENDONCA Respondents

JUDGEMENT

(1.) THROUGH this writ petition preferred under Article 226 of The Constitution of India, the petitioner who styles herself as mother of the detenu-Rajesh mangal Singh, has impugned the detention order dated 18-5-1999, 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 ).

(2.) THE detention order along with the grounds of detention also dated 18-5-1999 was served on 18-5-1999 itself on the detenu. True copies of the detention order and grounds of detention order are annexed as Annexure A and B respectively to this writ petition.

(3.) WE have heard learned counsel for the parties. Although in this writ petition Mr. U. N. Tripathi, learned counsel for the petitioner has pleaded a large number of grounds numbered as ground No. 7a to 7g but, since in our Judgment, this writ petition deserves to succeed on ground no. 7b. We are neither adverting to other grounds raised in the petition nor to the prejudicial activities of the detenu contained in grounds of detention. Ground no. 7b in short is that since illegible or partly legible copies of some original documents were supplied to the detenu, his right to make a representation under Article 22 (5) of the Constitution of India has been impaired.