KAUSAR MOHAMMED AKBAR Vs. A N ROY

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution of India, the Petitioner is challenging the order of detention passed against her husband Akbar Mohamed Hussein Shaikh @ Akbar Dadhi, by the Respondent No.1, the Commissioner of Police, Brihan Mumbai on 15.3.2005 in exercise of the powers conferred by Section 3(i) of the Maharashtra Prevention of Dangerous Activities of Slum Lords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981. (For the sake of convenience hereinafter referred to as "the said Act")

(2.) ADMITTEDLY , the Order of detention in question is based on two C.R’s bearing No.206 of 2002 and 295 of 2004, registered at Mahim Police Station and in-camera statements of Witnesses A and B recorded on 24.1.2005 and 28.1.2005 respectively. From the above material, the Respondent No.1 found that the Petitioner’s husband and his associates were belonging to Abu Salem Gang, and were moving in the localities of Naya Nagar Zopadpatti, Sion Dharavi Link Road Bridge, Janata Sewak Bridge, Hari Zandi Zopadpatti, Mori Road, Shantinagar Zopadpatti, Senapati Bapat Marg, Mahim(West) and adjoining areas, armed with revolvers, swords choppers and extort money from the shopkeepers in the name of Hafta. The people in the said locality had a feeling of insecurity in carrying out their day to day activities and they were in constant shadow of fear. The Petitioner’s husband was released on bail in the above mentioned two C.R’s. Action taken against him under the normal law of land was ineffective and inadequate. So, in order to prevent the activities of the detenu, which were prejudicial to the maintenance of the public order, the Respondent No.1 passed the above mentioned detention order.

(3.) AT the outset it must be mentioned that though the Petitioner has challenged the order of detention on several grounds, Shri Tripathi, learned Advocate for the Petitioner has pressed into service only one ground at the time of hearing. The said ground is ground "C" mentioned in the petition. It runs as follows: