JUNAID ABDUR RASHID SHAIKH Vs. M N SINGH

JUDGEMENT

(1.) THROUGH this writ petition preferred under Article 226 of the Constitution of India, the petitioner who describes himself as the brother of the detenu Sphel @ Chinya Rashid Shaikh, has impugned the order dated 15th December, 2000 passed by the first respondent Mr. M. N. Singh, 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 (hereinafter referred to as the said Act) read with Government Order, Home Department (Special) No. DDS 1300/1/spl-3 (B) dated the 19th October, 2000. The detention order alongwith the grounds of detention which are also dated 15-12-2000, was served on the detenu on 20-12-2000 and their true copies are annexed as Exhibit A and B respectively to this petition.

(2.) A perusal of the grounds of detention would show that the impugned order is founded on one C. R. , namely C. R. No. 113/2000, under sections 365, 302, 328, 120 (B), 201, 34 of the Indian Penal Code, registered on the basis of a complaint dated 19-4-2000 lodged by P. S. I. Baburao Maruti Mohite at Police Station Colaba and in-camera statements of two witnesses, namely, A and B, which were recorded on 14-7-2000 and 15-7-2000 respectively. Since in our view a reference in the prejudicial activities of detenu contained in the grounds of detention is not necessary for adjudication of ground 7 (P), pleased in the petition, on which ground alone this petition deserves to succeed we are not adverting to them.

(3.) GROUND 7 (P), in short, is that if the Detaining Authority was satisfied that the detenus activities were prejudicial to the maintenance of the public order, the Detaining Authority should have opposed the bail application of the detenu rather than resorting to the issuance of a preventive detention order. The pleading is that this having not been done smacks of mala fide and the detention order warrants to be quashed and set aside.