LAXMAN KARANDE Vs. S. RAMAMURTHI

JUDGEMENT

(1.) ONE Rajesh @ Raja Laxman Karande came to be detained pursuant to the order dated 2nd May 1991 issued under section 3(2) of the National Security Act, 1980, by the 1st Respondent -the detaining authority (Commissioner of Police, Bombay). The Petitioner is the father of the detenu, who seeks to challenge the legality and correctness of the impugned detention order.

(2.) MR . Tripathi, learned counsel appearing in support of this writ petition raised various contentions and in order to deal with these contentions it would be necessary to set out the gist of the grounds of detention on which the impugned detention order is passed. The grounds of detention are annexed at Exhibit C to the compilation. Two anonymous applications dated 30 -9 -1990 and 9 -10 -1990 were received by the Commissioner of Police, wherein it has been stated that the detenu along with his associates Hiralal @ Hirya Bapurao Bobade, Kishore Sitaram Sonawane, Subhash Sitaram Sonawane and other henchmen have formed a gang and have indulged in extorting money to the tune of Rs. 10,000/ - to Rs. 20,000/ - from the businessmen from the localities of Dhobi Talao, Marine Drive (N.S. Road), Marine Street and the areas adjoining thereto in Greater Bombay. Those applications were sent to the Azad Maidan Police Station for enquiry and it was confirmed that there is some substance in the contents of the said applications. So many victims have suffered and many are carrying a sense of insecurity, who are residing in those localities. They are, therefore, not prepared to come forward and lodge complaints against the detenu. The Police Officers after taking some persons into confidence who were victims, lodged complaints against the detenu on the basis of which complaints the Detaining Authority relied upon the three incidents which are set out and relied upon by the Detaining Authority in the grounds of detention. The first incident took place on October 7, 1990 at about 14 hours, in the shop of one Dinesh Gupta. He is running a business. He is the proprietor of Swati Trading Corporation which deals in electric goods, having shop on the ground floor of Umar Manzil, Dhobi Talao, Bombay. On the date of incident, the detenu along with his associates Kishor, Sitaram, Sonawane, Sub hash Sitaram Sonawane and Rajan Indrakumar Pandey entered his shop. The detenu threatened Shri Dinesh Gupta that he (Dinesh Gupta) has been called by his another associate -Hirya at Kranti Nagar, Girgaon. Dinesh Gupta was not knowing this Hirya and when he asked as to who is this Hirya, the detenu warned him saying" (Hindi words) "(How you don't know, if you go there you will come to know). Thereupon, Dinesh Gupta gave his visiting card to the detenu and asked him to give it to Hirya, so that latter can contact him on phone. The detenu and his associates then left the shop premises. Within an hour Dinesh Gupta received a telephonic call claiming to be from Hirya threatening Shri Gupta that he should come to Kranti Nagar, Dinesh Gupta asked him on phone as to what was the work. Hirya then told him to come to Kranti Nagar and then he will come to know the nature of work. Within a short time, again detenu visited the shop of Dinesh Gupta and assured him that he would accompany him (Dinesh Gupta) to Kranti Nagar. Dinesh Gupta told the detenu that he had a talk with Hirya and he would be going to Kranti -Nagar on 9 -11 -1990 of his own. In the evening, detenu visited the shop of Dinesh Gupta and told him that he had been called by his associate Hirya immediately. Dinesh Gupta was unable to accompany him immediately and promised that he would see Hirya at 9 or 10 hrs. on 9 -10 -1990. On 9 -10 -1990 at about 14 hrs. detenu visited the shop and asked Dinesh Gupta to accompany him to Kranti Nagar. The detenu then contacted Hirya. When Dinesh Gupta met Hirya, Hirya questioned him as to how he did not respond despite several calls through the detenu. Hirya then threatened Dinesh Gupta saying: "(Hindi words)" "(You have become otherwise. Don't you know me, we have committed two murders). Hirya then demanded Rs. 50,000/ - from Dinesh Gupta. After great persuation Hirya reduced the amount to Rs. 5,000/ -. When Dinesh Gupta asked Hirya as to why this money is demanded, Hirya told him that his boss Dasharath Rahane has asked for the said money. Dinesh Gupta was knowing Dasharath Rahane as a gangster from Kranti Nagar. Dinesh Gupta was then allowed to go. After about 2 days, the detenu visited the shop of Dinesh Gupta when the latter paid Rs. 5,000/ - to the detenu to be paid to Hirya and Dasharath Rahane. Due to danger to the life, Dinesh Gupta did not file any complaint against him. On the basis of this complaint, offence came to be registered at Azad Maidan Police Station being C.R. No. 684 of 1990 for the offence punishable under section 384 -119 of the Indian Penal Code. A chopper was recovered at the instance of the detenu on 17 -11 -1990. During investigation, certain other weapons were recovered from the associates of the detenu and cases were filed against them under the Bombay Police Act. The detenu was arrested on 4 -11 -1990, but he was released on bail on 19 -11 -1990. The detenu deposited cash amount of Rs. 1,000/ - and came to be released on 22 -11 -1990.

(3.) THE Detaining Authority then relied upon third incident which took place on 9 -10 -1990 at about 16 hrs. In the said incident name of the victim is Premchand Damji Shah. Shri Shah carries on business in the name of D.D. Shah & Co. at Dhobi Talao. The modu -operandi of the detenu in this incident is almost identical and, therefore, we do not think it necessary to reproduce the same.