HAMIDA SALIM KHAN Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) This Writ Petition, under Article 226 of the Constitution of India, challenges a detention order dated 12th March 2013 No. D.O. No. 04/PCB/DP/Zone-IV/2013 issued by the Respondent No. 1, the Commissioner of Police under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons and Video Pirates Act, 1981 ("the Act"). The Petitioner is the mother of the Detenu, one Samad Salim Khan. The Petition states that apart from the order of detention itself, the Detenu was also served the copy of the grounds of detention on the basis of which the detaining authority arrived at his subjective satisfaction for issuing the detention order. In addition, the Detenu was also served with a compilation of the documents relied on by the Detaining Authority.

(2.) The basis of the detention order is that the detenu is a "violent, dangerous criminal" persistently given to terrorising the residents of different localities with dangerous weapons, and accused of offences of assault, robbery, extortion and criminal intermediation. He is also said to be involved in unauthorised constructions and in coercing residents to vacate their homes. The detention order recites the various criminal cases, including chapter proceedings under the Criminal Procedure Code, that have been periodically instituted against the Detenu and that in some of these the Detenu applied for and was granted bail. The Detention Order takes note of at least two in-camera witness statements. On a consideration of the material of him, the Detaining Authority came to the conclusion that the Detenu's activities were, therefore. "prejudicial to the maintenance of public order" in the specified localities in particular and in Greater Mumbai in general. This is of some significance to one of the submissions advanced before us, to which we will presently turn.

(3.) The Petitioner claims not to be conversant with any language other than Hindi. On his representation, therefore, he was furnished with a translation of the Detention Order, the grounds of the Detention and the documents relied on by the Detaining Authority.