NARAYAN SHANKAR PATIL Vs. COMMISSIONER OF POLICE THANE

JUDGEMENT

(1.) In this writ petition the petitioner-detenu has challenged the order of this detention dated 15th January, 1982 on various grounds. One of the grounds raises is that the ground No. 1 is hopelessly vague and the material on which the ground is based was also not communicated or furnished to the detenu, and because of this non-supply of documents and material, the detenus right to make effective representation under Article 22(5) of the Constitution of India is violated. As in our opinion there is much substance in this contention, it is not necessary to considers other contentions raised and argued before us.

(2.) Shri Kamble, the learned Public Prosecutor contended before us that what is incorporated in paragraph 1 of the grounds of detention is not a ground of detention but merely a preamble. It is not possible for us to accept this contortions for obvious reason. The relevant grounds of detention are as under :---

(3.) Once it is held that the aforesaid ground is a ground of detention, then it will have to be further held that it is hopelessly vague. To say the least it does not convey anything to the detenu. In this context a reference could useful be made to the following observations of the Supreme Court in (Sasthi Keot v. The State of West Bengal) A.I.R. 1974 S.C. 524.