BALDEV DAHYABHAI RATHOD Vs. RAMAMURTHY COMMISSIONER OF POLICE

JUDGEMENT

(1.) THE petitioner is the father of the detenu detain ed under Section 3 sub-section (2) of the National Security Act of 1980 by respondent No 1 vide his order, dated 15th May, 1992.

(2.) THE petitioner has challenged the detention of the detenu on several grounds. Shri Talekar, learned Counsel for the petitioner, has confined his argument to ground (d) wherein he has stated that under Section 3 sub-section (5)of the National Security Act it is incumbent upon Respondent no. 2 the State Government to send all the documents and translation thereof in English in case the documents are in Marathi to the Central government No. 3. Shri Talekar then referred to para 3 of the affidavit in reply filed by Shri M. T. Atre, Desk Officer, Home Department, wherein it is stated that along with the report copies of approval order, proposal of the Commissioner of Police, Greater Bombay, detention order, committal order and the grounds of detention as formulated by the Detaining Authority and relevant material were forwarded to Government of India. In the said affidavit it is not stated that the documents which were in Marathi on the basis of which the grounds of detention were formulated were also sent to the Central Government Respondent No. 3.

(3.) IN view of these facts and in view of the reasoning given by this bench in the decision, dated 17th/18th June, 1993 in Criminal Writ Petition no. 80 of 1993, Mohammad Aslam Badruddin Shaikh v. Shri S. K. Bapat; commissioner of Police Gr. Bombay and others, since reported in 1994 (1)Mah LR 82, the continued detention of the detenu is set aside as the same is in violation of Section 3 sub-section (5) of the National Security Act of 1980. Rule is made absolute to that effect. The detenu to be released forthwith if not required in any other criminal proceedings.