VINITA DATTATRAYA SAMANT Vs. COMMISSIONER OF POLICE THANE

JUDGEMENT

(1.) This petition for Haebus Corpus under Article 22(5) of the Constitution is by the wife of a detenu Dr. D. Samant detained under the National Security Act, 1980.

(2.) On 24th June, 1981, the detenu while on his way to Shivaji Part for addressing a rally was arrested, taken to the C.I.D. Office and there served with a detention order dated 23-6-1981 issued by the Commissioner of Police, Thane. No grounds of detention and the material on which they were based were served on the detenu then. According to the first respondents affidavit in reply letter dated 25-6-1981 by the detenus Advocate Shri Dhun Canteenwalla asking for the grounds and material was not replied to as it was not accompanied with an authority from the detenu to that effect. It seems after the service of the detention order the detenu was removed to Akola District Prison, Akola, about 400 miles away from Bombay.

(3.) On 25-6-1981 respondent No. 1 made a report to the State Government under section 3(4) of the National Security Act. According to respondent No. 1, however, on 28th June, 1981, the Police Officer was deputed to Akola District Prison where the detenu was detained to serve on the detenu the grounds and the material relied upon at the said prison. When the said papers were sought to be served on the detenu on 28-6-1981, the detenu by his letter of the said date to the Commissioner of Police, Thane District had pointed out that on 24-6-1981 when a detention order was served on him he had requested to hand over further correspondence to his wife and that he had no connection with his family members till then but inspite of that the police from Thane had brought copy of the grounds of detention. He, therefore, by the said letter requested the authorities to hand over all the correspondence to his wife at his Bombay address. Thereafter on the said authority from the detenu a wireless message was conveyed to Bombay and accordingly the grounds of detention along with the relevant papers were served on the detenus wife at the detenus Bombay address on 30th June, 1981 along with a covering letter of the same date.