ASHISH Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) RULE . Rule made returnable forthwith. By consent heard finally.

(2.) BY way of this Writ Petition, under Article 226 of the Constitution of India, the petitioner takes exception to the detention order being No. DET/MPDA/Zone -IV/PCB/14/2013 dated 17.10.2013 issued under Section 3(1) of Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug -Offenders and Dangerous Persons Act, 1981 by the Commissioner of Police, Nagpur.

(3.) IN reply to the ground (c) in the Petition, in an affidavit filed by one Bajrang Digambar Umate, Deputy Secretary, Government of Maharashtra, Mantralaya, Mumbai in para 2, it is stated that, the representation of the petitioner i.e. detenu was received by MPDA Desk on 12th February, 2014. The Deputy Secretary, after his endorsement forwarded the same on 13th February, 2014 to the Additional Chief Secretary (Home). It is stated in the affidavit in reply that, on 14th February, 2014, the Additional Chief Secretary (Home) was busy in the meetings regarding Atrocity Act, Policy of Senior Citizen and Maharashtra State, Scheduled Caste Advisory Board. On 15th February, 2014 the Additional Chief Secretary (Home) was engaged in important office work and in the preparation of meeting regarding Police Establishment Board. On 16th February, 2014 was a public holiday. On 17th February, 2014, the Additional Chief Secretary (Home) was involved in the issues with Chief Secretary regarding Adarsh Cooperative Housing Society, Higher Level Secretary Committee and Screening of Selection Grade IPS officers for promotion. On 18th February, 2014, the Additional Chief Secretary (Home) perused the representation and sought for remarks from the Detaining Authority, Commissioner of Police, Nagpur City. On 19th February, 2014 was a public holiday. The file containing the instructions of the Additional Chief Secretary (Home) was received in the Desk on 20th February, 2014. The remarks were called from Detaining Authority, Commissioner of Police, Nagpur City vide letter dated 20th February, 2014. The Detaining Authority was asked to submit his remarks till 27th February, 2014. The detaining authority was reminded on 28th February, 2014 for the same. The remarks of the detaining authority were received on 12th March, 2014 vide letter dated 6th March, 2014. The Assistant submitted file containing remarks of detaining authority along with the representation of the detenu to the Deputy Secretary on 12th March, 2014. The Deputy Secretary endorsed the file on 13th March, 2014 and forwarded the same to the Additional Chief Secretary (Home) on the same day. The Additional Chief Secretary (Home) considered the representation on 15th March, 2014 and rejected it. The file received in Desk on 15th March, 2014 and the rejection of representation was communicated to the detenue vide letter dated 15th March, 2014. On 16th march, 2014 and 17th March, 2014 were Sunday and Public holiday. The said letter was dispatched on 19th March, 2014 from the Home Department.