MOHAMAD ISHAQ MOHAMAD ISMAIL SHAIKH Vs. SANJAY BARVE

JUDGEMENT

(1.) Rule made returnable forthwith and heard finally with the consent of learned counsel for the parties.

(2.) The Petitioner Mohamad Ishaq Mohamad Ismail Shaikh, who is the father of Detenu Haji Mohammad Ashfaq Mohammad Isak Shaikh, has preferred this Petition questioning the preventive detention order passed against the dentenu on 17th October, 2019 by Respondent No. 1 ­ Commissioner of Police, Brihan Mumbai. The said detention order has been passed under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug offenders, Dangerous persons and Video Pirates Act, 1981 (hereinafter referred to as 'MPDA Act'). The said detention order has been issued as, according to the Detaining Authority, the Detenu is a Dangerous person whose activities are prejudicial to the maintenance of public order. The detention order is based on one Crime i.e. C.R. No. 137/2019 occurred on 03/07/2019 registered with V P Road Police Station for the offences punishable under Sections 392, 506(ii) of the Indian Penal Code read with Section 37(1)(a) read with 135 of the Maharashtra Police Act and two in- camera statements of witnesses 'A' and 'B', recorded.

(3.) Though number of grounds have been raised in the present Petition whereby the detention order has been assailed, however, the learned counsel appearing for the Petitioner / Detenu has pressed only seven grounds before us i.e. Ground Nos. 'A', 'B', 'F', 'L, 'O', 'P' and 'Q'. Those grounds are reproduced herein below in verbatim:-