M F SUIDHANA Vs. A S SAMRA

JUDGEMENT

(1.) THE first respondent who is the Detaining Authority and Commissioner of Policy,thane, in exercise of powers under section 3 (2) of the National Security Act, 1980, on April 3, 1992 issued an order detaining Shri Pandharinath Laxman Waringe with a view to preventing him from acting in any manner prejudicial to the maintenance of public order. The detention order is Annexure A. Grounds of detention are Annexure C. The petitioner who is wife of the detenu has filed this writ petition under Article 226 of the Constitution of India challenging the legality and correctness of the detention order.

(2.) THE impugned order of detention is founded on 4 incidents which took place between June 2, 1990 and September 13, 1991. In addition to these 4 incidents, the detaining authority also relied upon two in camera statements recorded on March 4, 1992 of A and B with reference to the incidents that took place on November 27, 1991 and November 30, 1991 respectively.

(3.) THE detaining authority in paragraph 2, by way of preamble has set out the fact of earlier detention order issued under the Act on December 6, 1989 which came to be challenged in this Court in writ petition No. 99 of 1990. This Court vide its order dated March 29, 1999 ordered release of the detenu. The detaining authority thereafter relied upon the 4 incidents and 2 in camera statements which are referred to in the succeeding paragraphs.