MOHAMMAD MUBARAK MOHAMMAD UMAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner Mohammad Mubarak s/o Mohammad Umar has approached this Court by way of this writ petition for a writ of heabeus corpse challenging his detention dated 12-7-2000 passed by respondent No. 2-The Commissioner of Police, Nagpur invoking provisions under section 3 (1) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 (hereinafter referred to as "said Act" ). Alongwith the said order the detenu was served with the grounds of detention which was also dated 12-7-2000. The order of detention and the grounds of detentions have been annexed in the writ petition as Annexure No. 1. The State Government approved the order of detention on 12-7-2000 on 20-7-2000 vide Annexure 2. The order of detention came to be confirmed by the State Government on 18-8-2000 vide Annexure 3.

(2.) IT is revealed from the grounds of detention that the detention of the petitioner is founded on involvement of the petitioner in 5 serious offences enumerated in paragraph 2 of the grounds, as also his recent criminal activities namely involvement in Crime No. 549/99 under sections 147, 248, 149, 324 of I. P. C. registered on complaint dated 16-9-99 lodged by complainant Arif Shaikh s/o Shaikh Rahim with Police Station Sakkardara and his involvement in Crime No. 200/2000 for offences under sections 307, 143, 147, 148, 149, 506 read with section 4/25 of the Arms Act read with section 135 of the Bombay Police Act. On complaint filed on 23-3-2000 by the complaint Shaikh Asif s/o Shaikh Rahim with Police Station Sakkardara and his further involvement in commission of offence as disclosed in in-camera statement namely witness A witness B and witness C stated in the grounds of detention in paragraph Nos. 6. 1. 1, 6. 2. 1 and 6. 3. 1 respectively.

(3.) IN the grounds of detention, the Detaining Authority has observed that since the year 1994 the petitioner has been continuously engaging himself in the commission of violent and desperate acts such as roiting armed with deadly weapons and committed murder, attempt to murder, voluntarily causing hurt and robbery at the point of deadly weapons, illegal possession of deadly weapons and flouting the prohibitory orders in force. Such criminal acts of the petitioner have terrorised the law abiding and peace loving citizens residing in the area of Police Station, Sakkardara, Nagpur. Such activities found to be extremely prejudicial to the maintenance of the public order. Said criminal record of the petitioner in the past shows that the petitioner has committed five serious offences as given below in paragraph which shows his inclination/tendencies towards committing the offences. These offences are not considered while formulating detention order. In respect of offences registered at Crime No. 549/99 the charge-sheet has been filed against the petitioner and his associates in the Court of J. M. F. C. , Corporation Court No. 1, Nagpur vide C. C. No. 590/99 dated 18-12-99 and the case is pending for trial. In respect of offences registered at Crime No. 200/2000 arising out of complaint dated 22-3-2000 the case is under police investigation.