SALMA REHMAN KHAN Vs. M N SINGH

JUDGEMENT

(1.) THROUGH this writ petition preferred under Article 226 of the Constitution of India, the Petitioner who styles herself as the mother of the detenu Irfan Abdul Rahiman Khan, has impugned the order dated 5. 5. 2001, passed by the 1st Respondent Mr. M. N. Singh, Commissioner of Police, Brihan Mumbai, detaining the detenu under sub Section 1 of Section 3 of Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 (No. LV of 1981) (Amendment - 1996), hereinafter referred to as the M. P. D. A. Act ). The detention order along with the grounds of detention, which are also dated 5/5/2001, was served on the detenu on 9/5/2001 and their true copies are annexed as Annexures A and B respectively to this petition.

(2.) THE prejudicial activities of the detenu impelling the 1st respondent to pass the impugned order are contained in the grounds of detention (Exhibit 'b' ). Since in our view a reference to them is not necessary for the adjudication of ground 7 (A), on which ground alone, in our view, this petition deserves to succeed we are not adverting to them.

(3.) MR. Tripathi urged that on account of this variation in the grounds of detention in English and their Hindi translation the detenu could have been confused in exercising his right of making a representation. He contended that the right to make a representation to the State Government is a distinct and independent right and is not a part and parcel of the right to make a representation to the detaining authority, i. e. the Commissioner of Police.