PARVEEN IQBAL MANDAI Vs. M N ROY

JUDGEMENT

(1.) By this Writ Petition under Article 226 of the Constitution of India, the Petitioner is seeking Habeas Corpus by challenging the order dated 16.11.2004 passed under sub-section (2) of Section 3 of the maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, drug Offenders and Dangerous Persons Act, 1981, (hereinafter referred to as "the M. P. A. D. Act") detaining Mohammed Iqbal @ Shembdya Iqbal @ Iqbal jogeshwari Mohammed Hussain Mandai, who is husband of the Petitioner.

(2.) The husband of the petitioner was detained by an order dated 16.11.2004 under sub-section (2) of Section 3 of the M. P. A. D. Act. By order dated 16.11.2004 the detention order was for a period of one year. The said order was served and executed on the husband of the petitioner on 26.11.2004. The detention is based on two C. Rs and two in-camera statements recorded by the sponsoring authority. In both the C. R's bail was already granted and while the detenu was on bail the order for detention has been passed.

(3.) It appears that only one ground is pressed by the learned Counsel for the applicant, namely that the representation made by the detenu on 26.4.2005 to the State Government through his lawyer has not been considered by the state Government expeditiously and diligently with proper application of mind and the continuous detention is illegal and the order of detention is ought to be quashed and set aside. A reply has been filed to the same. As reflected from the reply dated 21.6.2005, filed by one Shri Shirishkumar Mahadeo Mhatre, under Secretary, Home Department (Special) , Government of Maharashtra, it is explained by the State that on receipt of the representation, on 27.4.2005 the Detaining Authority called for parawise remarks from the commissioner of Police and it was received on 2.5.2005. The representation was scrutinized and processed through the concerned assistant on 4.5.2005 and forwarded to the Under Secretary. The Under Secretary made endorsement on the same day, and forwarded the same to the Deputy secretary and thereafter the Deputy Secretary endorsed and forwarded it to the Additional Chief Secretary (Home) for his consideration on the same day. The Additional Chief Secretary carefully considered the facts, police Reports and all relevant documents etc. of the case and rejected the application on 4.5.2005 and accordingly the reject reply was given to the detenu and his advocate vide Government letter dated 13.5.2005.